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ACTIVE CASES
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No. 06-1607 (D.D.C.), filed September 15, 2006, appeal
filed September 29, 2006 (No. 06-5295, D.C.Cir.)
At issue in this case is whether
the Secretary's refusal to inform 230,000 Part
D-enrolled beneficiaries, who mistakenly were sent money
reflecting the amount of their monthly premiums, of
their right to request waiver of recovery, while
demanding repayment by September 30, 2006, violated the
Medicare statute and the Due Process Clause.
Updated: October 9, 2008
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The Center
for Medicare Advocacy v. U.S. Department of Health and Human
Services
No. 1:05CV2266 (D.D.C.), filed November
23, 2005
At issue in this case is whether
HHS violated the Freedom of Information Act when it failed to
respond to a request for documents about the
videoconferencing technology to be employed in the new
system for handling Medicare appeals to ALJs.
Updated:
October 9, 2008
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Landers v. Leavitt
No. 3:04CV1988JCH (D. Conn.),
filed Nov. 23, 2004
At issue in this
case is whether the Secretary's
policy of not counting time in an emergency room or in
"observation status" toward the three-day qualifying hospital
stay for purposes of establishing the right to subsequent
skilled nursing facility coverage violates the Medicare statute
and guarantees of equal protection.
Updated:
October 9, 2008
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Machado
v. Leavitt
No. 07-30111-MAP (D. Mass.), filed June 19,
2007
At issue in this case is 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 beneficiaries, and to repay the amounts improperly withheld,
violates the Medicare statute, the anti-assignment provision of
the Social Security Act, and the Due Process Clause.
Updated: October 9, 2008
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Miles v. Leavitt
No. 08 CV 0432(PAC) (S.D.N.Y.), filed January 17, 2008
At issue in this case is whether a
letter sent to state officials by CMS in August 2007, in which
the agency restricted states' rights to expand eligibility in
their State Children's Health Insurance Programs (SCHIP) by
establishing new and onerous standards, violates the SCHIP
statute (title XXI of the Social Security Act) and the
Administrative Procedure Act (APA), 5 USC
§553 and
§706.
Updated: October 9, 2008
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Prendergast v.
Leavitt
No. 3:08-CV-1148 (AHN), filed July 31, 2008
At issue in this case is whether the use of a "stability"
test to terminate home health coverage on the ground that the
patient no longer needs skilled nursing care violates the
Medicare statute and regulations.
Updated: October 9, 2008
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Situ
v. Leavitt
No. C06-02841-TEH (N.D.Cal.), filed
April 26, 2006
At issue in this case is whether CMS' failure to
correctly implement the Part D prescription benefit for hundreds
of thousands of dual eligibles violates the Medicare status and
the Due Process Clause.
Updated: October 9, 2008
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