CMS Escapes DME Bidding Dispute Despite Judge's Rebuke

Law360, New York (February 28, 2013, 1:35 PM EST) -- A Minnesota federal judge on Tuesday harangued the Centers for Medicare and Medicaid Services over its Medicare durable medical equipment competitive bidding program, even as he dismissed a challenge to the initiative, saying it was unfair to people with disabilities.

According to U.S. District Judge Donovan W. Frank’s order, he lacked jurisdiction over Key Medical Supply Inc.’s challenge to the DME bidding program over the allegedly below-cost rates it pays for custom feeding tubes necessary for some disabled patients, because Congress had barred judicial review of...
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Case Information

Case Title

Key Medical Supply, Inc. v. Sebelius et al

Case Number




Nature of Suit

Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision


Donovan W. Frank

Date Filed

March 26, 2012

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