American Journal of Law & Medicine

Select recent court decisions.

Medicare: The Home Office of Medicare Providers May Not Rely on the Approval of an Alternative Cost Allocation Approved by a Medicare Fiscal Intermediary-Mercy Home Health v. Leavitt, 2006 WL 259609 (3rd Cir. Feb. 3, 2006).

Physician Assisted Suicide: Supreme Court Strikes Down Federal Rule Blocking Physician-Assisted Suicide--Gonzalez v. Oregon, 2006 WL 89200 (2006).

Mental Health: District Court Could Revoke Release of a Mentally Ill Prisoner for Failing to Comply with Non-Treatment Related Requirements--United States v. Franklin, 2006 WL 167889 (8th Cir. (Mo.) Jan. 25, 2006).

Medicare: The Home Office of Medicare Providers May Not Rely on the Approval of an Alternative Cost Allocation Approved by a Medicare Fiscal Intermediary-Mercy Home Health v. Leavitt (1)--The United States Court of Appeals for the Third Circuit upheld the Secretary of Health and Human Services' ("the Secretary") decision to disallow the use of an alternative cost allocation method for home office costs that had previously been approved by a Medicare fiscal intermediary. (2) The Plaintiff, Mercy Home Health ("Mercy") is a subsidiary of Mercy Home Health Services ("Home Office"), the home office of four health care providers. (3) Pursuant to [section] 2150.3(D)(2)(b) of the Provider Reimbursement Manual ("PRM"), (4) which sets out the procedure a home office should follow if it wants to depart from the default cost-to-total cost allocation method of reimbursement, (5) the Home Office requested permission to use an alternative method from its fiscal intermediary, Independence Blue Cross. (6) Based upon the Home Office's claim that the default method would inappropriately place large allocations on its medical equipment subsidiary, Independence Blue Cross approved the request. …

Log in to your account to read this article – and millions more.