Medicare Beneficiaries and National Organizations File Class Action Lawsuit Complaint Against Secretary of Health & Human Services Over Medicare “Improvement Standard.”
A class action lawsuit has been filed against the United States Government’s Secretary of Health and Human Services, Kathleen Sebelius (“Health & Human Services” or the “Government” or “Defendant”) in the United States District Court for the District of Vermont, seeking declaratory, injunctive and mandamus relief challenging the Government’s purported “rule of thumb” condition of eligibility for Medicare benefits known as the “Improvement Standard” requiring that Medicare beneficiaries need “maintainance services only,” has “plateaued” or is “chronic,” medically stable or not improving, a standard that allegedly conflicts with the Medicare statute and regulations which provide that coverage is available for health care and therapy services that are “reasonable and necessary for the diagnosis or treatment of illiness or injury,” according to the Medicare “Improvement Standard” class action lawsuit complaint.
The Medicare beneficiary Improvement Standard class action lawsuit complaint is reportedly brought on behalf of the following putative class of persons, unless otherwise excluded:
All beneficiaries of Medicare Parts A, B, or c who have had or will have coverage for health care or therapy services, as an outpatient, in a hospital, in a skilled nursing facility, or in a home health care setting, denied, terminated, or reduced due to the application of the Improvement Standard, on or after January 1, 2006.
The Medicare beneficiary Improvement Standard class action lawsuit complaint reportedly asserts claims for violation of medicare statute and regulations, violation of the administrative procedure act, violation of the freedom of information act, and violation of the due process clause of the Fifth Amendment.
For more information about the Medicare beneficiary Improvement Standard class action lawsuit, read the Medicare beneficiary Improvement Standard class action lawsuit complaint.
If You Have Thoughts On The Medicare Beneficiary Improvement Standard Class Action Lawsuit, Share Your Class Action Lawsuit Comments Below.
Glad to see this lawsuit and hope it is successful. Only sorry it is too late for my father who was also a victim of being denied his skilled nursing days. Because of it, he remains in a nursing home but likely would not be there if he had been given the benefit of rehabilitation services and the time for recovery he should have been entitled to under Medicare following an acute illness. There was never any discharge plan when he entered the facility and no intention to provide him with the necessary services to aid in his recovery.