Becker's Healthcare June 10, 2024
Humana’s challenge to a CMS rule implementing stricter auditing standards on Medicare Advantage plans can continue, a federal judge ruled.
In a June 7 order, U.S. District Judge Reed O’Connor denied a motion from HHS to throw out the case. Attorneys for the agency had previously argued that Humana did not have standing to challenge the law because CMS has not implemented or completed any audits based on the new risk-adjustment rules.
“The court finds that Humana’s compliance costs constitute substantial hardship, and, with the issues fit for review, the case is ripe,” Mr. O’Connor wrote in the order.
Mr. O’Connor also rejected HHS’ request to move the case to the Dallas division of the Northern District...
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