Medicare

  • Brown v. Thompson

    Medicare Modernization Act Clarified-- Not Changed Medicare Secondary Payer Provisions; Medicare Recipient Must Reimburse HHS from Malpractice Settlement Proceeds

    Legal Areas:

    July 07, 2004

  • Erringer v. Thompson

    Ninth Circuit: Medicare Manual Provisions on Contractors’ Local Coverage Determinations Are Not Substantive Rules Subject to Rulemaking Requirements of Administrative Procedures Act and Medicare Act

    Legal Areas:

    June 10, 2004

  • Gray Panthers Project Fund v. Thompson

    Finding Clear and Convincing Evidence of HHS Secretary’s Bad Faith, Court Awards Medicare Beneficiaries $173,922 in Attorney Fees

    Legal Areas:

    February 23, 2004

  • Care Choices H.M.O. v. Engstrom

    6th Cir: Medicare-Substitute HMO Does Not Have Private Right of Action to Seek Reimbursement From Medicare-Eligible Insured

    Legal Areas:

    May 30, 2003

  • Bustamonte v. Flores

    California Agency May Not Recoup Medicare Expenses for Deceased From Settlement Where Plaintiff Was Not Decedent’s Personal Representative

    Legal Areas:

    May 30, 2003

  • Cmty. Hosp. of Monterey Peninsula v. Thompson

    9th Cir: State Agency's Must-Bill Requirement Is Reasonable Implementation of the Medicaid Bill Payment Reimbursement System

    Legal Areas:

    March 18, 2003

  • Zolezzi v. Pacificare of Cal.

    Medicare Act Does Not Preempt State Statute Requiring Certain Disclosures Before Binding Arbitration Clause Is Enforceable

    Legal Areas:

    January 21, 2003

  • Clark Regional Medical Ctr. v. Dep't of Health and Human Servs.

    6th Circuit: “Swing” and Observation Hospital Beds Should Be Counted as “Available Beds” to Qualify Hospitals for Supplemental “Disproportionate Share” Medicare Payments

    Legal Areas:

    December 11, 2002

  • Minn. Senior Fed'n v. United States

    Eighth Circuit Holds Regional Differences in Medicare C Payment Levels do not Violate Equal Protection or Right to Travel

    Legal Areas:

    December 13, 2001

  • In re Lipsitz

    Appeals Council Finds Extended Inpatient Services Covered by Medicare Where Transfer to Nursing Facility was Delayed

    Legal Areas:

    October 11, 2001

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