tci Part B Insider - 2003 Issue 5

COURTS AND CASES: Missed Deadline Costs Home Infusion Provider $185,000

A deadline is a deadline, and infusion provider Caremark Therapeutic Services wasn't able to bypass one with an appeal to federal court. Caremark missed the six-month deadline to appeal a decision by Part B carrier Noridian Mutual Insurance Company to disallow $185,000 in pharmacy and infusion services, says the U.S. District Court for Southern New York in a Jan. 29 decision in Caremark v. Thompson (No. 01 Civ. 11316 (VM)). Caremark admitted that it missed the deadline and blamed it on a discharged employee. When Noridian refused to reopen the decision, Caremark filed suit, charging that Noridian...

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