8th Circ. Urged To Revive CMS Bidding Program Dispute
By Emily Atkin
Law360, New York (September 17, 2013, 5:48 PM ET) -- A federal judge was wrong to toss a challenge to the Centers for Medicare & Medicaid Services' competitive bidding initiative for buying durable medical equipment after finding that he lacked jurisdiction, according to a brief filed Monday in the Eighth Circuit.
Key Medical Supply Inc. told the appeals court in an appellant reply brief that it should reverse U.S. District Judge Donovan W. Frank’s February ruling that Congress had barred judicial review of crucial aspects of the DME bidding program. Key's suit claims that it was...