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Tag: Supreme Court


In brief: Judge rebukes CMS, Scooter Store speaks

March 1, 2013HME News Staff

MINNEAPOLIS - A federal judge may have granted the government's request to dismiss a competitive bidding-related lawsuit filed against CMS by a specialty HME provider, but that doesn't mean he thinks justice was served. “This is a sad day for those who believe that when a judge adheres, even-handedly, to his or her oath of office, justice will prevail and the public interest will be served,” U.S. District Judge Donovan Frank wrote in a memorandum.Shoreview, Minn.-based Key Medical Supply,...

CMS, Donovan Frank, GAO, Key Medical Supply, Marty Landon, Supreme Court, The Scooter Store

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Bid lawsuit reaches end of line

February 22, 2013Theresa Flaherty, Managing Editor

WASHINGTON - The U.S. Supreme Court on Feb. 19 refused to hear a petition that would have stopped CMS from awarding competitive bidding contracts until it complied with rulemaking processes.“It's hard when they tell you 'no' from the day you file it until the day they kick you out the door,” said Barry Johnson, executive director of the Texas Alliance for Home Care Services (TAHCS), which filed the original lawsuit against CMS and the Department of Health and Human Services in 2010.The...

Center for Regulatory Effectiveness (CRE), CMS, Competitive Bidding, Supreme Court, Texas Alliance for Home Care Services

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On the Editor's Desk

Don't count on the U.S. Supreme Court

April 4, 2012Liz Beaulieu, Editor

You might not want to count on the U.S. Supreme Court to save the HME industry from a host of painful provisions in the Affordable Care Act (ACA). Those provisions include, among others, expanding competitive bidding to 21 additional areas, applying a 2.3% excise tax on medical devices, and eliminating the first-month purchase option for power wheelchairs. AAHomecare pointed out last week that if the court decides in June to overturn the ACA it would effectively eliminate those provisions. Which...

Affordable Care Act (ACA), On The Editor's Desk, Supreme Court

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