Dialysis Patient Citizens Wins Court Ruling Against Insurer Veto on ESRD Patients
In a lawsuit filed by DPC against the Department of Health and Human Services, a federal court has blocked a regulation that would have given insurers veto power over ESRD patients’ access to private coverage. The judge called the regulation, that could have forced dialysis patients off their current health insurance and jeopardized their access to care, “arbitrary and capricious.” In enjoining the regulation’s enforcement, the U.S. District Court for the Eastern District of Texas held that the rule was 1) procedurally defective because HHS adopted it without first giving the public notice of it and seeking comment on it, [...]