Trustee Urges High Court To Question CMS Payment Decisions

Law360, New York (October 1, 2012, 3:27 PM EDT) -- A medical device manufacturer's bankruptcy trustee is asking the U.S. Supreme Court to police Medicare's case-by-case payment decisions, saying the Fourth Circuit improperly endorsed an inconsistent policy that covers electrical stimulation treatment for some arthritis patients but refuses reimbursement for others facing identical symptoms.

The Sept. 21 petition from Monique D. Almy, trustee for BioniCare Medical Technologies Inc., says the government health plan paid 75,000 claims in recent years before abruptly beginning to reject certain submissions without explanation. While it’s fine for the Centers for Medicare...
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