Tuesday, April 22, 2008

Suit Opposes Denial of Off Label Prescribing by Medicare


The cancellation of a prescription by refusing to pay for it is the practice of medicine.

The Supreme court has held a half dozen times, clinical judgment has presumptive validity and requires deference.

There is interference with the contracts in effect between doctor and patient, CMS. That is an intentional tort. The contractor of Medicare should not have government immunity from such a claim.

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