Duggan v. Bowen

MEMORANDUM OPINION AND ORDER

SPORKIN, Judge.

INTRODUCTION

This case involves a challenge to the Department of Health and Human Services’ (“HHS”) administration of the Medicare home health care program. Plaintiffs take issue with the agency’s interpretation and application of the “part-time or intermittent” care provision. I agree with plaintiffs that defendants’ policy is contrary to the plain language of the Medicare Act and was promulgated in violation of the procedures required by the Administrative Procedure Act. Appropriate relief requires the certification of a nationwide class, the…