HHS Has Final Say On Medicare Device Coverage: 4th Circ.

Law360, New York (April 27, 2012, 5:04 PM EDT) -- The Fourth Circuit on Thursday affirmed the U.S. secretary of health and human services' authority to determine what medical devices receive coverage from Medicare, ruling a device company's bankruptcy trustee couldn't challenge the department's refusal to cover a device that treats osteoarthritis of the knee.

In a published opinion, the three-judge panel affirmed a Maryland federal court's decision that the Medicare Appeals Council could deny coverage for the BioniCare Stimulator System Model 1000, the osteoarthritis device that delivers electrical pulses to the joint, to the Chapter 7 trustee...
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