Monday, June 27, 2016

"This case [in which an appeals court ruled that CMS applied more stringent 2010 regulations to 2008 Medicare claims by a Kansas home health provider] ...

... has taken us to a strange world where the government itself — the very 'expert' agency responsible for promulgating the 'law' no less — seems unable to keep pace with its own frenetic lawmaking. A world [James] Madison worried about long ago, a world in which the laws are 'so voluminous they cannot be read" and constitutional norms of due process, fair notice, and even the separation of powers seem very much at stake. But whatever else one might say about our visit to this place, one thing seems to us certain: an agency decision that loses track of its own controlling regulations and applies the wrong rules in order to penalize private citizens can never stand."

— According to judges for the U.S. Court of Appeals for the 10th Circuit, ruling in a recent appeal of $800,000 in Medicare claim denials by Caring Hearts Personal Home Services of Kansas City, Kansas.

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