In an opinion issued August 9, the U.S. Court of Appeals for the District of Columbia Circuit upheld a federal trial court’s dismissal of a lawsuit alleging that U.S. Department of Health and Human Services (HHS) is failing to properly administer the Medicare home health benefit.
The Center for Medicare Advocacy filed the suit in October 2022, on behalf of three Medicare beneficiaries who have chronic, disabling conditions and rely on home health aide services but have struggled to find providers that can provide the services needed. The Complaint alleged that HHS is not doing enough to enforce existing requirements for home health agencies and must establish policies and strategies to ensure access to home health aide services. The federal trial court dismissed the case in April 2023, and the Circuit Court’s decision affirms the lower court. The case is Johnson v. Becerra, and this LeadingAge article provides additional information and background.
