No. CIV01-112TUC-BPV (D. Ariz), filed March 16, 2001 Last Updated: December 15, 2004 Issue: Whether CMS's procedures for promulgating Local Coverage Determinations (LCDs) and for informing beneficiaries of the application of LCDs to their claims … [Read more...] about Erringer v. Thompson
Litigation
Two Federal Courts Reject "Improvement Standard" for Denying Medicare Coverage
Within a month of each other, two federal district courts have rejected the Center for Medicare & Medicaid Services' (CMS) beleaguered Medicare "Improvement Standard," thereby adding to the chorus of federal judges who have found the standard … [Read more...] about Two Federal Courts Reject "Improvement Standard" for Denying Medicare Coverage
Action Alliance v. Leavitt
No. 06-1607 (D.D.C.), filed September 15, 2006, appeal filed May 21, 2009 (No. 09-5191, D.C.Cir.) Last Update: October 22, 2010 Issue: Whether the Secretary's refusal to inform 230,000 Part D-enrolled beneficiaries, who … [Read more...] about Action Alliance v. Leavitt
Hart v. U.S. Department of Social Services
No. 09-cv-76-CKJ (D. Ariz.), filed February 6, 2009 Last Update: October 22, 2010 Issue: Whether the defendant's failure to respond to a request for documents about the number of attorneys against whom CMS has taken action to recover conditional … [Read more...] about Hart v. U.S. Department of Social Services
UHM v. Humana, Inc.(Amicus Curiae Activity)
No. 06-35672 (9th Cir.), case in progress for several years Updated: October 22, 2009 Issue: Whether the actions and inactions of a Medicare Part D plan, defendant Humana, in failing to enroll, and otherwise provide … [Read more...] about UHM v. Humana, Inc.(Amicus Curiae Activity)
Garcia v. Johnson
No. 09-1747 (E.D.Pa.), filed April 24, 2009 Final Update: October 22, 2010 Issue: Whether the failure of the state and federal defendants to coordinate the exchange of information necessary to ensure that the beneficiaries of the Medicare Savings … [Read more...] about Garcia v. Johnson
Court Emphatically Rejects Beneficiaries’ Right to Sue a Part D Plan When the Plan Delays Enrollment
In a lengthy, detailed, and complex decision, a federal appellate court rejected the right of Part D beneficiaries to sue a plan for damages when the plan fails to enroll them in a timely manner.[1] The decision, which was issued on August 31, 2010, … [Read more...] about Court Emphatically Rejects Beneficiaries’ Right to Sue a Part D Plan When the Plan Delays Enrollment
Machado v. Leavitt
No. 07-30111-MAP (D. Mass.), filed June 19, 2007 Final Update: December 24, 2009 Issue: Whether the failure of the Secretary of HHS and the Commissioner of Social Security to stop withholding premium payments for Part D when requested by … [Read more...] about Machado v. Leavitt
Landers v. Leavitt
No. 3:04CV1988JCH (D. Conn.), filed Nov. 23, 2004 Last Updated: September 22, 2009 Issue: Whether the Secretary's policy of not counting time in an emergency room or in "observation status" towards the three-day qualifying hospital … [Read more...] about Landers v. Leavitt
The Center for Medicare Advocacy v. U.S. Department of Health and Human Services
No. 1:05CV2266 (D.D.C.), filed November 23, 2005 Updated: April 9, 2009 Issue: Whether HHS violated the Freedom of Information Act when it failed to respond to a request for documents about the videoconferencing technology to be … [Read more...] about The Center for Medicare Advocacy v. U.S. Department of Health and Human Services