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Case Study

Medicare Part D Legislative Changes

Situation    A leading national patient advocacy and legal assistance organization is pursuing regulatory appeals, legal resolutions, and legislative corrections to address Medicare’s denial of coverage for medically necessary treatments because of an unusual provision in the Medicare Part D outpatient prescription drug benefit law.

Actions:        Provided pro-bono research, insight and guidance about the legislative situation and history to help inform their legal arguments and legislative strategy.

Contacted leading Medicaid legislative experts about the Federal legal provisions that are the basis for the Medicare Part D plans denying patients coverage for medically necessary treatments.

Recommended legislative approaches, strategies, and drafted legislative language for improving the Medicare law.

Outcome:     Legal and legislative advocacy staff developed better arguments and strategies for creating better access for Medicare patients to medically necessary treatments. (Legal and legislative activities are still ongoing as of April 2008.)

 

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