United States DC Circuit

The Peer Review Improvement Act's command to inform a Medicare beneficiary complainant of the "final disposition" of a complaint requires more than what the Health Care Financing Administration permits, at a minimum it requires an organization to notify the complainant of the results of its review.

Appellate Information

• Argued 10/04/2002
• Decided 06/20/2003
• Published 06/20/2003

Judges

• Before:  EDWARDS, ROGERS, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• G. Michael Harvey, Assistant U.S. Attorney, argued the cause for appellants.   With him on the briefs were Roscoe C. Howard, Jr., U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, Alex M. Azar II, General Counsel, U.S. Department of Health & Human Services, and Henry R. Goldberg, Deputy Associate General Counsel., Darrel J. Grinstead and Jeffrey D. Pariser were on the brief for amici curiae The American Hospital Association, et al., in support of appellants and reversal.


• For Appellees:
  
• Amanda Frost argued the cause for appellee.   With her on the brief was Allison Zieve. Brian Wolfman entered an appearance., Sarah Lenz Lock, Dorothy Siemon, Michael Schuster, Vicki Gottlich, and Gill Deford were on the brief for amici curiae The Center for Medicare Advocacy, Inc., and AARP in support of appellee urging affirmance.