GAO Challenges Legality Of $8.3B Medicare Advantage Pilot

Law360, New York (July 12, 2012, 2:32 PM EDT) -- The U.S. Government Accountability Office on Wednesday questioned the legality of the Centers for Medicare & Medicaid Services' planned $8.3 billion test program for Medicare Advantage, a project the GAO had urged CMS to kill because it would mostly reward mediocre performers.

In a letter to Health and Human Services Secretary Kathleen Sebelius, GAO general counsel Lynn Gibson said CMS had not adequately justified that it had the legal authority under the Social Security Act to implement the program, which would test an alternate method for...
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