Monday, July 14, 2014

Government Responds to CCLA Lawsuit about LCDs; CCLA Responds to Gov't; Govt files its reply

[Updated for all three July, 2014 documents]
[Updated 8/27/2014:  Judges schedule oral argument for December.]
[Updated 2/3/2015:  Orals arguments were heard in DC on February 2.]

Last spring, the California Clinical Laboratory Association filed a court case against the federal Department of Health and Human Services asserting that Local Coverage Determinations were unconstitutional.   This was announced with a public press release, covered in the trade press, and I provided a short blog and a link to the original CCLA filing here [April 18, 2014].

In early July, the government responded with a 32-page motion to dismiss on several grounds.   This is typically the first move when you sue the government – I worked as a Medicare medical director in the previous decade (the 00’s) and lawsuits against us were quickly transformed into motion-to-dismiss cases.  In mid July, the CCLA, through its attorneys, responded to the motion to dismiss  and finally, at the end of July, the government responded to that CCLA filing as well. Finally, in late August, judges scheduled oral arguments in the case for December, 2014.