Cavagnuolo v. Becerra

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MARLENE CAVAGNUOLO, as the Executrix of the Estate of JOSEPH CAVAGNUOLO, Plaintiff, Case No. 23-cv-3369-CKK-MJS v. ROBERT F. KENNEDY, JR., Secretary of Health and Human Services, 1 Defendant. REPORT AND RECOMMENDATION This case is about the proper interpretation of the term “covered part D drug” in the Medicare statute. To drill down even more, the parties’ competing interpretations hinge largely on the meaning of the word “includes.” Under the relevant statute, 42 U.S.C. § 1395w–102(e)(1), a “covered part D drug” is one associated…