United States Ninth Circuit

In a suit alleging that Secretary of Health and Human Services violated her duties under the Medicare Act and the Fifth Amendment Due Process Clause by failing to provide an administrative process for beneficiaries of hospice care to appeal a hospice provider’s refusal to provide a drug prescribed by their attending physician, the case is dismissed as no controversy now exists and the appeal is moot, where such an appeals process does exist.

Appellate Information

• Decided 07/05/2012
• Published 07/05/2012

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel