Earlier this month, the U.S. Court of Appeals for the District of Columbia upheld the decision to dismiss a proposed class action lawsuit taking aim at home health care’s shortcomings in the U.S.
The suit – first introduced in 2022 – accused the U.S. Department of Health and Human Services (HHS) of failing to properly administer the Medicare home health benefit.
Plaintiffs were arguing that home health services are required under Medicare law, and that the program had fallen short for certain individuals. Medicare law, for instance, authorizes coverage of up to 35 hours per week of home health aide services for personal, hands-on care, and the plaintiffs claimed they received very minimal to no services.
In April of 2023, The U.S. District Court for the District of Columbia dismissed the lawsuit.
“The lawsuit sought to change that in seeking a ruling requiring Medicare to increase oversight of home health agency operations,” National Association for Home Care & Hospice President William A. Dombi told Home Health Care News at the time. “The federal court dismissed the case based on its finding that it was only speculative that the relief sought by the Medicare beneficiaries could redress the alleged harm.”
Now, that dismissal has been upheld.
The Court of Appeals also believed that the plaintiff allegations could not be traced back to any of HHS’s enforcement practices.
At some point, there was also some concern that providers could be held liable for the shortcomings, but that will also likely not come to fruition.
“I think the key thing for the agencies to watch out for is somebody trying to blame them,” Dombi said in 2022. “Home health agencies: Protect the patient, protect yourself and don’t let Medicare get away with this.”
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