DaVita To High Court:  Unique Need Makes Dialysis Plan Discriminatory Under MSPA

Mealey's (January 21, 2022, 12:19 PM EST) -- WASHINGTON, D.C. — Treating outpatient dialysis differently than other services by linking its reimbursement to Medicare rates “uniquely disadvantages” patients with end-stage renal disease (ESRD), a provider argues in a Jan. 19 brief, urging the U.S. Supreme Court to affirm a split Sixth Circuit U.S. Court of Appeals panel’s ruling that the provider plausibly alleged violation of the Medicare Secondary Payor Act (MSPA) under a discrimination-by-proxy or a disparate-impact theory....