January 18, 2011
AAPM&R and other plaintiffs filed a lawsuit in the U.S. District Court, District of Vermont, against the federal government to ensure Medicare beneficiaries can rightfully access the Medicare coverage and health care they are entitled to under Medicare law. The lawsuit challenges what is referred to as the “improvement standard” that the Centers for Medicare and Medicaid Services (CMS) routinely utilizes to deny treatment in a variety of patient care settings under the Medicare program. The wrongful interpretation of the Medicare statute has led to the illegal denial of care for thousands of Medicare beneficiaries on the grounds that the individual’s condition is stable, chronic, not improving or that he or she only needs “maintenance care.”
In addition to the AAPM&R, the other plaintiffs in the class action suit include:
National Committee to Preserve Social Security and Medicare (NCPSSM)
National Multiple Sclerosis Society
Parkinson's Action Network
Paralyzed Veterans of America
AAPM&R would like to enthusiastically acknowledge the work of the Center for Medicare Advocacy (CMA), Inc., whose legal staff are providing their expertise for the lawsuit. CMA, Inc. was established in 1986, and is a national nonprofit, nonpartisan organization that provides education, advocacy and legal assistance to help older people and people with disabilities obtain fair access to Medicare and necessary health care. CMA, Inc. focuses on the needs of Medicare beneficiaries, people with chronic conditions, and those in need of long-term care.
To read the complaint: 
click here.