Lewis, Carol v. Burwell, C.A. No. 1:15-cv-13530-NMG (D. Mass.)
16-01579
U.S. Department of Health and Human Services
OGC/R01
Debra Parrish Law Offices (Ms. Lewis assigned her right to payment to her attorney)
49,477.00
Court
n/a
Plaintiff appealed the denial of coverage for a CGM.
The Judge found that the Secretary’s position in the litigation was not substantially justified because 55 ALJs had previously determined that continuous glucose monitors (“CGMs”) were covered by Medicare and no professional in the healthcare industry was of the opinion that CGMs were not primarily and customarily used for medical purposes, amongst other reasons. The Memorandum and Order is in the Documents section of the TRACS matter.