United States DC Circuit

In an action by a Medicare Part B beneficiary challenging a decision by a regional Medicare contractor to reimburse for a particular drug only up to the price of its least costly alternative, summary judgment for plaintiff is affirmed where the Medicare Act unambiguously foreclosed that determination and required instead that Medicare pay for covered items or services at a statutorily prescribed rate.

Appellate Information

• Argued 11/05/2009
• Decided 12/22/2009
• Published 12/22/2009

Judges

• Before TATEL and KAVANAUGH, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Samantha L. Chaifetz, Attorney, U.S. Department of Justice, argued the cause for appellants. On the briefs were Mark B. Stern and Christopher C. Fonzone, Attorneys.


• For Appellees:
  
• Stuart M. Gerson argued the cause for appellee. With him on the brief was Robert E. Wanerman., Peter D. Keisler and Patrick Morrisey were on the brief for amicus curiae Sepracor Inc. in support of appellee.