No. 09-cv-16 (D.Vt.), filed January 22, 2009

Updated: September 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 statute and regulations.

Relief Sought: Declaratory and permanent injunctive relief prohibiting application of the "improvement" standard, with an award of coverage to the plaintiff.

Status: The case was designated by the clerk to be treated like a typical Social Security disability case.  Plaintiff moved unsuccessfully to have the case removed from the docket of the magistrate judge.  She also moved to be allowed to do discovery. The magistrate judge denied that request, and plaintiff filed objections with the district judge. That issue is pending.