Courts fail to act on competitive bidding before deadline
Last Chance for Patient Choice has learned that the second court to rule on the challenges to the HME competitive acquisition program also denied the request to issue a Temporary Restraining Order barring CMS from allowing the program to start July 1. The U.S. District Court in Cleveland ruled June 30; the U.S. District Court in Dallas the week before.
LCPC directly financed the court actions.
The requests for issuance of Temporary Restraining Orders were the first order of business in each of the two suits. The cases are still pending and will be pursued if necessary, but it is hoped that Congress will enact legislation soon that will at least delay the start of the program for 18 to 24 months before it is stopped permanently.
Cleveland Lawsuit
CONCLUSION
Judge Gaughan has joined the other courts in declining to enjoin the Medicare competitive bidding system. She concluded that she had jurisdiction over the "small supplier" claims lacking notice and comment but not the claims regarding the arbitrary failure to review bids. So the lawsuit remains pending, but the preliminary injunction was denied.
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