Phelps v. Harris

JOSÉ A. CABRANES, District Judge:

RULING ON PENDING MOTIONS

Plaintiff Benjamin Phelps originally brought this putative class action to enjoin two alleged violations of the due process rights of Medicare patients whose medical insurance claims under Part B of the Medicare program are denied by hearing officers appointed by the insurance carriers who administer the program. The plaintiff alleged that the Part B hearing officers, who in effect hear appeals from the denials of patients’ claims by the insurance carriers, engage in the practices of (1) making ex parte contacts with consulting…