Most seniors, given a choice, would prefer to remain at home rather than go to a nursing home. This book by a caregiving con...Read more
Medicare Sued Over Failure to Set Up Appeals Process
- August 8th, 2002
Three Medicare beneficiaries are suing the Bush administration because they were denied coverage for treatment of a disease that causes blindness. The suit charges that the administration has violated federal law by failing to put in place a process mandated by Congress two years ago that would allow Medicare beneficiaries to appeal coverage decisions.
The three beneficiaries suffer from age-related macular degeneration, the leading cause of blindness in people aged 50 and over. The only effective treatment for the disease is a drug called Visudyne. Last October the Centers for Medicare & Medicaid (CMS) announced that Medicare would cover the drug for beneficiaries, but this past March CMS reversed its decision, saying the treatment is "experimental" and only "temporarily" effective.
When the three plaintiffs tried to appeal the March reversal, they received word from CMS that their appeals would not be processed. This, they claim in the suit, violates a law passed by Congress in December 2000 that required CMS to create an appeals process for national coverage decisions. Congress mandated that the appeals process be in place by October 2001. Nearly a year later, CMS has still not established an appeals process.
The American Council for the Blind, the American Association of People with Disabilities and the Gray Panthers, an advocacy group for the elderly, are also plaintiffs in the case.
To search for and retrieve read an article on the lawsuit from the Baltimore Sun''s online archive, click here.
To read the press release by the American Council for the Blind, click here.
Local Elder Law Attorneys in Ashburn, VA
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
The Law Firm of Evan H. Farr, P.C.
In practice since 1987, Fairfax Attorney Evan Farr is widely recognized as one of the leading Elder Law, Estate Planning, and Specials Needs attorneys in Virginia and one of foremost experts in the Country in the field of Medicaid Asset Protection and related Trusts. Evan Farr has been quoted or cited as an expert by n...