No. C06-02841-TEH (N.D.Cal.), filed April 26, 2006 Issue: Whether CMS' failure to correctly implement the Part D prescription benefit for hundreds of thousands of dual eligibles violates the Medicare statute and the Due Process Clause. Relief … [Read more...] about Situ v. Leavitt
Litigation
Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 10-cv-645)
No. 10-cv-645 (D.Conn.), filed April 27, 2010 Issue: Whether a request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, about how Medicare's Improvement Standard is explained to employees of CMS and its contractors, had to be … [Read more...] about Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 10-cv-645)
Anderson v. Leavitt
No. 09-cv-16 (D.Vt.), filed January 22, 2009 Issue: Whether the Secretary's policy of terminating Medicare coverage for a home health patient on the ground that her condition is stable or is not improving violates the Medicare … [Read more...] about Anderson v. Leavitt
Send Us Medicare Summary Notices (MSNs)
The Center is concerned about the use of MSNs that do not reveal to beneficiaries that their service was denied based on a National Coverage Determination. Such an MSN will instead provide a misleading explanation, such as "Medicare does … [Read more...] about Send Us Medicare Summary Notices (MSNs)
United Healthcare Insurance Co. d/b/a Evercare v. Sebelius & Starkowski
No. 09-cv-1927-MJD-JSM (D.Minn.), filed July 23, 2009 Issue: Whether the Secretary’s coverage of enteral feeding by a Part C plan on the ground that it was a skilled nursing service was correct. Relief sought: Plaintiff seeks to reverse the … [Read more...] about United Healthcare Insurance Co. d/b/a Evercare v. Sebelius & Starkowski
Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 09-cv-672)
No. 09-cv-672 (D.Conn.), filed April 24, 2009 Issue: Whether a request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, about the possible failure of Part D plans to reimburse LIS beneficiaries for premium payments for which they … [Read more...] about Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 09-cv-672)
Pennsylvania Lawsuit Increases Access to Medicare for Low-Income Beneficiaries
On Friday, April 23, 2010, Judge Juan R. Sanchez of the United States District Court for the Eastern District of Pennsylvania approved the settlement of a lawsuit brought by Pennsylvania low-income Medicare beneficiaries. Narcisa Garcia, et al. … [Read more...] about Pennsylvania Lawsuit Increases Access to Medicare for Low-Income Beneficiaries
Lawsuit Filed to Block Illegal Denials of Services to Medicare Patients with Chronic Illness
For Immediate ReleaseJanuary 18, 2011Contact: Matt Shepard 860-456-7790_____________________Center for Medicare Advocacy Lead Counsel in National Class-Action SuitBurlington, VT − Today, The Center for Medicare Advocacy and co-counsel … [Read more...] about Lawsuit Filed to Block Illegal Denials of Services to Medicare Patients with Chronic Illness
Harris v. Board of Supervisors of the County of Los Angeles
No. CV 03 2008FMC(PJWx) (C.D.Cal.), filed March 12, 2003 Updated: August 25, 2006 Issue: Whether the County of Los Angeles, under state law and the Medicare and Medicaid statutes, may close a rehabilitation hospital and eliminate 100 beds from … [Read more...] about Harris v. Board of Supervisors of the County of Los Angeles
Grijalva v. Shalala
No. CIV 93-7112 TUC ACM (D. Ariz.), filed 1993; Grijalva v. Shalala, No. 97-15877 (9th Cir.), appeal filed by defendant 1997; Shalala v. Grijalva, No. 98-1284 (S.Ct.), petition for cert. filed by defendant Final Update: October 30, … [Read more...] about Grijalva v. Shalala