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
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
Hale Ball Carlson Baumgartner Murphy PLC
Jean Galloway Ball is certified in Elder Law by the National Elder Law Foundation. She is a 1977 honors graduate of the National Law Center, George Washington University, and she did her undergraduate work at the University of California at Berkeley, graduating Phi Beta Kappa in 1971. She is admitted to practice in Vir...
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...