Updated: September 22, 2009

Issue: 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.

Relief Sought: Declaratory judgment, and temporary and permanent injunctive relief on behalf of an individual Medicare beneficiary.

Status: The day after the complaint was filed, a temporary restraining order (TRO) hearing was held, and the Court granted the motion. Coverage for home health care was restored pursuant to the TRO, and has been repeatedly continued, most recently through early February 2009. The plaintiff has also moved for a preliminary injunction, and the government has moved to dismiss, both of which motions have been essentially tabled while coverage has been continued.

After the judge hearing the case resigned, it was reassigned to a new judge. At her request, the parties agreed to take the pending motions off calendar.  There have been no developments in this case since the last update.