Biden Team Asks Court to Toss Medicare Home Health Lawsuit

December 18, 2023, 8:39 PM UTC

The Biden administration is asking a federal judge to dismiss a lawsuit by the home health industry that challenges the way Medicare determines payments to provider agencies.

In a consolidated memorandum filed Dec. 15 in the US District Court for the District of Columbia, attorneys for Health and Human Services Secretary Xavier Becerra and the Centers for Medicare & Medicaid Services allege the suit filed by the National Association for Home Care & Hospice lacks “subject-matter jurisdiction,” in part, because association members “have not exhausted their administrative remedies” for resolving the dispute.

The filing also asserts that Congress “expressly provided ...

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