ACLA Urges Judgment on Lawsuit Against HHS

Legislation would jeopardize Medicare beneficiaries’ access to lab services

This week, the American Clinical Laboratory Association (ACLA) continues its battles against the U.S. Department of Health and Human Services (HHS) for what they deem improper implementation of Medicare legislation from 2014.

ACLA continues to push for a summary judgment on their claims that HHS is using flawed data in order to transition to a market-based payment system. HHS has until April 20 to file its retort.

The lawsuit, ACLA v. Azar, asserts that HHS disregarded Congress’s instructions in implementing the Protecting Access to Medicare Act (PAMA), legislation intended to establish a fair and predictable market-based payment system for clinical laboratories.

ACLA alleges that HHS collected data from less than 1 percent of laboratories nationwide. By excluding more than 99 percent of the nation’s laboratories, HHS violated the statute and undermined Congress’s goal of protecting beneficiaries and supporting value-based care delivery.

“We’re at a critical inflection point for millions of beneficiaries who depend on vital lab tests and diagnostics for their health,” ACLA President Julie Khani said. “The Secretary’s actions require an urgent and immediate remedy to prevent harm to the most vulnerable seniors.”

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