A strategic move that helped a client harness a quirk of Texas civil procedure to overcome a federal agency’s immunity from suit drew attention from health-care lawyers all over the country.
Edward Vishnevetsky represented a medical-equipment provider, All Star Oxygen and Home Medical Equipment LLC. His client wanted to know how the Centers for Medicare and Medicaid Services (CMS) conducts Medicare audits, because All Star had been placed on audit status and its Medicare payments cut off. But the agency and one of its contractors wouldn’t respond to an open-records request, Vishnevetsky says.
