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12/05/2012 03:53:25 PM EST

Federal Judge Affirms Denial Of IV Drug Coverage Under Medicare Part B

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BURLINGTON, Vt. - A federal magistrate judge on Nov. 28 affirmed a decision by the U.S. Department of Health and Human Services (HHS) and Secretary Kathleen Sebelius regarding coverage of a prescription antibiotic via an intravenous (IV) external infusion pump. The magistrate judge concluded that neither Medicare Part A nor Part B cover the administration of daptomycin through an IV, adding that the drug can be injected instead (Kathryn Ottinger v. Kathleen Sebelius, Secretary of the U.S. Department of Health and Human Services, No. 2:12cv2, D. Vt.; 2012 U.S. Dist. LEXIS 168498).Full story on lexis.com