Lawsuit Filed Against HHS Over Home Health Care Shortcomings Dismissed

Posted April 12, 2023

The U.S. District Court for the District of Columbia has dismissed a class action lawsuit that accused the U.S. Department of Health and Human Services (HHS) of failing to properly administer the Medicare home health benefit.

The plaintiffs had argued the home health services required under Medicare law were wholly insufficient.  Medicare law authorizes coverage for up to 35 hours per week of home health aide services for personal, hands-on care. In some instances, the plaintiffs claimed they had received minimal services or none at all.  In its dismissal, the judges stated that the patients’ complaint did not specify how the HHS could ensure that they got the needed services delivered to them.

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