Medicare Compliance & Reimbursement

Coverage:

CMS Settles Appeals Suit

Under a May 27 legal settlement, a dozen experts from the Medicare Coverage Advisory Commission will review whether Medicare should cover verteprofin for certain types of macular degeneration. CMS will have 60 days to accept, or to reject with a public explanation, the MCAC panel's recommendation.

An agency spokesperson said the same process would be available for people unhappy with other NCDs.

The settlement comes in the suit filed on Aug. 6, 2002, by Lois Jalbert and other victims of the eye disease. The plaintiffs sued over the Centers for Medicare & Medicaid Services' failure to institute an appeals mechanism for national coverage decisions.

Under the settlement, plaintiffs may refile their suit if CMS does not issue a final regulation implementing an NCD appeals process by Oct. 31, 2003.

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