No. 09-cv-1927-MJD-JSM (D.Minn.), filed July 23, 2009

Updated: September 22, 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 the decision of the Secretary.  Defendants (the Secretary and the state Commissioner of the Dept. of Social Services, who stands in the shoes of the beneficiary) seek to uphold that decision.

Status: A Part C plan has the right to challenge the Secretary’s final coverage decision, and in this case it did so, naming both the Secretary and the "beneficiary" (in whose shoes Commissioner Starkowski stands) as defendants, and filing it in the federal judicial district where the plan is based.  The complaint has been filed and defendant Starkowski has answered it.