Information about the Center for Medicare Advocacy's previous cases is listed below.
- Action Alliance v. Leavitt October 22, 2010
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...
- Center for Medicare Advocacy, Inc. v. Department of Health & Human Services (No. 09-cv-672) April 5, 2011
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 ...
- CT DSS v. Leavitt August 25, 2006
No. 399CV2020(SRU) (D.Conn.), filed October 18, 1999 Last Updated: August 25, 2006 Issue: Whether the Dept. of Health and Human Services (via CMS) violates the Medicare statute and due process clause by allowing a fiscal intermediary, United Gov...
- Erb v. McClellan August 25, 2006
No. 2:05-cv-6201 (E.D.Pa.), filed November 30, 2005 Last Update: August 25, 2006 Issue: Whether CMS' implementation of so-called "passive enrollment" into a Medicare managed care plan for over 110,000 dual eligibles in Pennsylvania, ...
- Erringer v. Thompson December 15, 2010
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 vi...
- Garcia v. Johnson October 22, 2010
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 Pro...
- Gray Panthers Project Fund v. Thompson December 15, 2004
No. 1:01CV01374(HHK)(D.D.C), filed June 22, 2001 Updated: December 15, 2004 Issue: Whether the Secretary of HHS could dispense with the statutory deadline for MCOs to submit information about their plans for the upcoming year and the Secretary could re...
- Grijalva v. Shalala December 15, 2010
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, 2003 Issu...
- Guzzo v. Thompson(Amicus Curaie Activity) September 19, 2005
No. 03-1346 (6th Cir.), appeal filed March 6, 2003 Final Update: September 19, 2005 Amicus information: Amici are the Center for Medicare Advocacy and AARP. They are supporting the claim of the plaintiff, a Medicare beneficiary who is seeking cov...
- Harris v. Board of Supervisors of the County of Los Angeles December 15, 2010
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 an...
- Hart v. U.S. Department of Social Services October 22, 2010
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 pa...
- Healey v. Leavitt September 21, 2007
No. 398CV00418 DJS (D.Conn.), filed March 4, 1998 Last Updated: September 21, 2007 Issue: Whether the Secretary of HHS failed to ensure that home health agencies provided sufficient notice and hearing rights to home health patients whose services were ...
- Landers v. Leavitt September 22, 2009
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 s...
- Lirot v. Leavitt August 26, 2006
No. 3:05CV824(RNC) (D.Conn.), filed May 24, 2005 Updated: August 26, 2006 Issue: Whether the Secretary's regulation (42 C.F.R. ' 405.910(i)(1)), effective May 1, 2005, that prohibits Medicare contractors from sending copies of the notice of ini...
- Lormore v. Shalala - Center Successfully Settles "Observation" Case April 19, 2001
No. 3:00CV563(AVC), filed March 24, 2000 Updated: April 19, 2001 Issue: (1) Whether a four-day stay in a hospital can be considered "outpatient observation" status and thus preclude meeting the 3-day qualifying condition for post-hospital skilled nur...
- Machado v. Leavitt December 24, 2009
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 beneficiaries,...
- Martinez v. Thompson December 15, 2004
No. 8900-M Civil (D.N.M.) Original Case Filed In 1970, Petition To Enforce Filed May 3, 2001 Updated: December 15, 2004 Issue: Whether the failure of the Secretary, through the intermediary responsible for New Mexico, to provide a pre-deprivation heari...
- Miles v. Leavitt January 5, 2009
No. 08 CV 0432(PAC) (S.D.N.Y.), filed January 17, 2008 Updated: January 5, 2009 Issue: 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...
- National Senior Citizens Law Center v. U.S. Department of Health and Human Services July 15, 2004
No. 1:04CV00226 (D.D.C.), filed Feb. 12, 2004 Final Update: July 15, 2004 Issue: Whether HHS' failure to respond to a request for documents relevant to the Secretary's new policy and regulation on feeding assistants in nursing homes (see 68 Fed...
- Resident Councils of Washington v. Leavitt July 30, 2004
No. CV04-1691 (W.D. Wash.), filed July 30, 2004 Updated: January 3, 2008 Issue: Whether regulations that authorize states to allow Medicare and Medicaid certified nursing facilities to hire feeding assistants with eight hours of training violate the Nu...
- Richey v. Shalala May 3, 2001
No. W00CA025 (W.D.Tex.), filed February 1, 2000 Updated: May 3, 2001 Issue: Whether the defendant's failure to cover lung volume reduction surgery under the Medicare program violates Medicare and APA requirements. Relief sought: Declaratory and inj...
- Texas Gray Panthers v. Thompson September 19, 2005
No. 1: 99CV01557 (D.D.C.), filed June 16, 1999; In re Texas Gray Panthers, No. 01-5095 (D.C.Cir.), filed March 26, 2001. Updated: September 19, 2005 Issue: Whether the Secretary of HHS and the Commissioner of SSA failed to implement various provisions...
- The Center for Medicare Advocacy v. U.S. Department of Health and Human Services April 9, 2009
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 employed ...
- United Healthcare Insurance Co. d/b/a Evercare v. Sebelius & Starkowski April 5, 2011
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 th...
- Wallis v. Thompson May 3, 2005
No. CIV02-448TUC(GEE)(D. Ariz.), filed September 10, 2002 Updated: May 3, 2005 Issue: Whether a National Coverage determination (NCD) which is changed should be applied to claims pending in the administrative process, even though the service was receiv...
- Webber v. McClellan April 5, 2007
No. CV05-4219-PHX-NVW (D.Ariz.), filed December 22, 2005 Updated: April 5, 2007 Issue: Whether regulations issued by CMS on March 8, 2005, which, inter alia, establish a new cadre of ALJs to handle only Medicare claims and which make it virtually impos...
- Weichardt v. Leavitt January 3, 2008
WEICHARDT v. LEAVITT No. C 03-05490 VRW (N.D.Cal.), filed December 5, 2003 Updated: January 3, 2008 Issue: Whether CMS’ promulgation of final rules not requiring timely advance written notice to hospitalized Medicare beneficiaries who are bein...
- Wilson-Coker v. Thompson October 30, 2003
No. 3:00CV1312(CFD) (D.Conn.), filed July 14, 2000 Updated: October 30, 2003 Issue: Whether the CMS policy effected by the AWestmoreland letter@ of December 3, 1999, by which home health agencies no longer are required to file claims for Medicare...
