On Monday, September 23, 2013, a court judge in Hartford, Connecticut dismissed the lawsuit brought by 14 Medicare beneficiaries against the government for denying nursing home coverage.
The beneficiaries who brought the suit stayed in the hospital for observation; however, their stay did not fall within the Medicare requirement. Under the rules of Medicare, only patients admitted to a hospital for at least three consecutive days are eligible for nursing home coverage.
The lawsuit aimed to eliminate the observation classification, or alternatively require hospitals to inform their patients when they are under observation. If hospitals were inform their patients and create a clear appeals process for observation patients to follow, they patients could challenge Medicare’s coverage decisions.
Judge Michael P. Shea based his decision mostly on a 2008 federal court decision which upheld the right of the HHS secretary to let hospitals and doctors determine whether patients should be admitted to the hospital. He also cited the federal law that limits Medicare nursing home coverage to admitted patients, or inpatients.
Also suing Medicare in attempt to eliminate the observation classification is the American Hospital Association. They are suing because the hospitals have to refund payment for an admitted patient if the agency’s auditor(s) later determine(s) that patient should have been on observation status.
Civil Practice that Emphasizes Complex Litigation
“AV” rated by Martindale-Hubbell, (the “AV” rating is the highest rating given and is awarded only upon reaching “heights” of professional excellence, both in terms of legal ability and ethical standards) the law firm of ARIAS OZZELLO & GIGNAC LLP represents clients through its civil practice in the most complex litigation. Such litigation includes class actions and mass torts in state and federal courts throughout the United States. We also handle transactional law and general business counsel. Some of our practice areas include: Class Actions, Mass Torts, Employment Law, Antitrust Litigation, Business & Commercial Litigation, Civil/Statutory Rights, Consumer Protection, Construction Defects, Disability Rights, Entertainment Litigation, Environmental/Toxic Torts, Insurance Law, Telecommunications & Internet Litigation and Unfair Business Practices. We are truly prepared and have extensive experience in nearly every area of civil law and business litigation. Our legal experience also includes personal injury and employment law.
We have recovered hundreds of millions of dollars for our clients over the last 20 + years. We have also successfully defended dozens of individuals and business entities who have been the target of lawsuits. Since we are trial attorneys, we always prepare for trial even as we seek to settle our cases in our clients' best interests. Of course we have achieved settlements on countless occasions, but we are more than confident with our ability to proceed to trial. We will do what is best to vindicate the rights of our clients. You can rest assured that if our opposition does not come to the table with a fair settlement, trial is a distinct possibility.
Class Action Trial Attorneys for your most Difficult Legal Challenges
ARIAS OZZELLO & GIGNAC has handled class action cases across the country. We have represented millions of class participants and recovered millions in damages. In fact, we are a rare law firm in that we have tried numerous class action cases. Taking such cases to trial is not a common occurrence with most class action attorneys. We do not count on a settlement in such cases and we do not take on class actions unless we are prepared to go to trial. We have the resources to confront the most complex legal challenges including class action lawsuits. Taking such cases to trial is often the most effective way to insure fair compensation and that the wrongful conduct of the defendant does not continue.
Personal Injury & Employment Law Representation
Our law firm has extensive experience successfully representing people who have suffered personal injury due to another party’s negligence. We also have attorneys focused on employer’s wrongful conduct. Our long history of success shows that we have the resources to represent you. Not only do have the ability to represent you, we will seek the maximum compensation that you deserve. We do not charge a consultation fee and if we do not win your case, you will owe us nothing.
We have handled personal injury cases involving:
- Wrongful Death
- Brain Injuries
- Automobile Accidents
- Slip/Trip and Fall
- Trucking Accidents
- Mass Transit Accidents
- Elder Abuse
- Defective Products and Drugs
- Sexual Assault and many other areas
We have also handled innumerable employment law cases involving:
- Wrongful Termination
- Age, Gender & Race Discrimination
- Sexual Harassment
- Hostile Work Environment
- Wage & Hour Violations
- Whistle-Blower Rights
- Failure to Pay Overtime and many other areas
If you have been injured by a person or a product or been subjected to an improper employment practice, call us. Our experience in some of the most complex cases makes us the ally that you need. Your situation may seem overwhelming to you. Our team can take a large part of the burden off of your shoulders. We can be reached at 800-475-2570 if you would like to discuss your circumstances with an attorney in a free consultation.