Alexander v. Price

RULING ON CLASS CERTIFICATION

Michael P. Shea, U.S.D.J.

I.INTRODUCTION

This case is about whether Medicare beneficiaries have a right to administrative review of the decision to treat their hospital stays as “observation” rather than “inpatient”—a decision that can have significant financial consequences. After surviving summary judgment and two motions to dismiss, plaintiffs now move to certify a class under Federal Rule of Civil Procedure 23(b)(2). (ECF No. 203.) The Secretary of the Department of Health and Human Services (the “Secretary”) contests, class certification and raises a number of…