The Department of Health and Human Services (HHS) is seeking dismissal of the recent lawsuit brought by the California Clinical Laboratory Association (CCLA) over local coverage determinations (LCDs) developed by Medicare administrative contractors (MACs). In a July 2 memorandum in support of its motion to dismiss, HHS states that the lawsuit should be dismissed because the court lacks proper jurisdiction over claims, the CCLA lacks standing to bring suit, and the court lacks jurisdiction under the mandamus statute. The original complaint, filed April 18 on behalf of CCLA and an unnamed beneficiary (Jane Doe), charges that MACs continue to develop and apply LCDs that result in policies depriving Medicare beneficiaries throughout the country of critically necessary clinical laboratory services (NIR, April 24, 2014, p. 1). The lawsuit was filed in the U.S. District Court for the District of Columbia. According to the original complaint, Jane Doe underwent pharmacogenomics testing ordered by her physicians, but Medicare refused to pay for the testing due to an LCD issued by Palmetto GBA. The complaint alleged that the noncoverage policy jeopardized her and similarly situated Part B enrollees’ access to medically necessary laboratory services. According to HHS, the use of Jane Doe as a…
