Lawyers for the elderly and disabled are headed back to Arizona, where they hope a federal judge doesn’t change his mind in a case that affects millions of Medicare beneficiaries.

Two years ago, U.S. District Judge Alfredo Marquez held that Medicare patients have a constitutional right to go to court if HMOs deny treatment or other services. Specifically, he said such denials constitute a “state action” — invoking constitutional protections — because HMOs are acting as agents of the government when they contract to provide Medicare benefits.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]