April 11, 2023

Home Health Aide Lawsuit Dismissed

On April 5, a federal court dismissed a 2022 lawsuit filed by the Center for Medicare Advocacy (CMA) on behalf of beneficiaries with chronic, disabling conditions who cannot access the home health aide services they require. The suit alleged that Centers for Medicare & Medicaid Services-dictated policies and practices unlawfully restrict the availability and coverage of services allowed by Medicare, which allows for up to 28 to 35 hours per week of aides for hands-on care. The court held that CMA lack standing to bring the case, claiming it is too speculative to think that a favorable court decision would “redress” the plaintiffs’ injuries from the inability to access aide services. CMA is assessing next steps to support Medicare beneficiaries in accessing these critical services.