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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 initial determination to the beneficiary's appointed representative violates the notice-and-comment requirements of the Administrative Procedure Act (APA) (5 U.S.C. ' 553) and the Medicare statute (42 U.S.C. ' 1395hh(a)(4)), was promulgated arbitrarily and capriciously in violation of another provision of the APA (5 U.S.C. ' 706(2)(A)), and violates the Due Process Clause.

Relief Sought: Declaratory and injunctive relief against the regulation, on behalf of a nationwide class, and return to the previous procedure under which the representative received the notice or a copy of the notice.

Status: Although the parties had fully briefed several issues in the case, plaintiffs voluntarily dismissed the complaint because of concerns about the potential impact of the Court of Appeals' decision in Conn. State Dept. of Social Services v. Leavitt, 428 F.3d 138 (2d Cir. 2005) (discussed elsewhere on this website).  Consequently, the complaint was dismissed on November 11, 2005.

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