Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Hays v. Sebelius, No. 08-5508

By FindLaw Staff on December 22, 2009 10:51 PM

In an action by a Medicare Part B beneficiary challenging a decision by a regional Medicare contractor to reimburse for a particular drug only up to the price of its least costly alternative, summary judgment for plaintiff is affirmed where the Medicare Act unambiguously foreclosed that determination and required instead that Medicare pay for covered items or services at a statutorily prescribed rate.

Read Hays v. Sebelius, No. 08-5508

Appellate Information

Argued November 5, 2009

Decided December 22, 2009

Judges

Opinion by Judge Tatel

Counsel

For Appellants:

Samantha L. Chaifetz, Mark B. Stern and Christopher C. Fonzone, U.S. Department of Justice, Washington, DC

For Appellee:

Stuart M. Gerson and Robert E. Wanerman, Epstein Becker & Green LLP, Washington, DC

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard