Plans, Patients At Odds Over HHS End-Stage Renal Disease Distance Rule

Litigation Partner Lynn Calkins was cited in an Inside Health Policy article about her representation of Dialysis Patient Citizens (DPC) in a lawsuit against Health and Human Services (HHS). The ongoing lawsuit claims that a Centers for Medicare & Medicaid Services (CMS) rule inappropriately steers patients to in-home dialysis treatment by stating that Medicare Advantage (MA) plans no longer must cover treatments at clinics located near patients' homes. Congress opened MA plans to patients with end-stage renal disease when it passed the Cures Act in 2016. However, DPC says CMS is undermining Congress’ intent with its final rule published June 2 that would remove dialysis patients from the time and distance requirements.

"Not vacating the Final Rule would be a travesty for ESRD patients," Ms. Calkins said. "Allowing CMS to void that long-standing policy contravenes congressional intent, violates anti-discrimination protections, and most importantly jeopardizes the health of vulnerable patients. Such a decision by the court would be a true miscarriage of justice."

READ: Plans, Patients At Odds Over HHS End-Stage Renal Disease Distance Rule (Subscription Required)