Mid-Atlantic Health Law TOPICS

Physical Therapists: Did You Know a coalition of physical therapists is suing the Trump administration over a policy that prevents non-Medicare enrolled clinicians from receiving out-of-pocket payments from Medicare patients? The United Physical Therapy Association and a physical therapist allege in Wells v. Kennedy that the Centers for Medicare & Medicaid Services (CMS) opt-out provision violates the U.S. Constitution Fifth Amendment’s due process and equal protection guarantees by excluding physical therapists from the group of health professionals eligible to “opt out” of Medicare.

Local Public Health Guidelines: Did You Know Maryland joined a group of states that are setting their own public health guidelines in response to the restrictive vaccine policies issued under the Trump administration? Maryland joined the Northeast Public Health Collaborative in mid-September to develop vaccine recommendations and other public health guidelines with the goal of ensuring equitable access to quality health care. Other states involved in the Collaborative include Connecticut, Delaware, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island and Vermont. The Northeast Public Health Collaborative released its own recommendations on COVID-19 vaccinations that largely align with top medical societies who all pushed back on the federal recommendations from Health and Human Services Secretary Robert F. Kennedy Jr.

AI: Did you know UnitedHealthcare is facing a lawsuit for wrongful denial of medical coverage by artificial intelligence (AI)? Estates of patients who had post-acute care coverage terminated prior to their deaths, filed a class action complaint alleging that UnitedHealthcare relied on AI instead of physician recommendations to deny elderly patients’ claims for stays in extended care facilities under its Medicare Advantage policies, which AI tools had an alleged 90 percent error rate. 

Kennedy M. Hagens
410-576-4146 • khagens@gfrlaw.com