Litigation - Active cases

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ACTIVE CASES

Action Alliance v. Leavitt

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: April 22, 2008
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: April 22, 2008
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: April 22, 2008
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: April 22, 2008
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: April 22, 2008
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: June 19, 2008