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Departmental Appeals Board (DAB)


In January 2003, the Medicare Appeals Council (MAC) initiated the posting of certain significant decisions and actions on the web site of the Departmental Appeals Board (of which it is a component). The following decisions and actions were selected for posting since they involve the adjudication of issues that may be of interest to various stakeholders in the Medicare appeals process. They are indexed by primary topic area. This compendium of MAC decisions will be supplemented periodically.


Advance Beneficiary Notification (ABN)/ Notice of Noncoverage
In the case of Country Manor Health Care, (January 17, 2003)

Dental Coverage
In the case of C.S. (December 21, 2000)
In the case of First Priority 65 (January 16, 2002)

Durable Medical Equipment (DME)/ Certificate of Medical Necessity (CMN)
In the case of Maximum Comfort, Inc. (June 11, 2003)
Appeal filed: Maximum Comfort, Inc. v. Secretary of Health and Human Services, E.D.Cal. (July 29,2003), Case No.: Civ. S-03-1584 LKK PAN

Equal Access to Justice Act (EAJA)
In the case of Mays Housecall Home Health, Inc. (February 25, 2003)

Exclusion of Video Magnifier/Closed Circuit Television from Medicare Coverage
In the case of J.B.C. (March 28, 2003)
Appeal filed: Joseph B. Collins v. Secretary of the Department of Health and Human Services, M.D. FL (May 30, 2003), Case No.: 2:03CV265FTM29

Home Health Services
In the case of E.G. (June 1, 2003)
In the case of Auburn District Nursing Association (November 20, 2003)
In the case of Connecticut Department of Social Services (September 9, 2003)

"Incident To" Services/Waiver of Overpayment Recovery
In the case of Gary W. Gibbon, M.D.
aff'd, Gibbon v. Thompson, No. CV-01-03681-FMC (C.D.Cal. October 8, 2002)

Medicare Appeals Council Jurisdiction/Amount of Payment
In the case of M.G. (July 18, 2003)

Medicare+Choice Program/Ambulance Services
In the case of E.W. (November 13, 2003)

Medicare+Choice Program/Disenrollment
In the case of Fallon Community Health Plan (October 16, 2003)

Medicare+Choice Program/Drug Coverage
In the case of PacifiCare/Secure Horizons (July 26, 2001)
In the case of Blue Shield of California (June 20, 2002)

Medicare+Choice Program/ Post-Stabilization Care
In the case of C.G. (May 20, 2003)

Non-Physician Services
In the case of Michael H. Quinn, D.P.M. (June 20, 2001)
aff'd, Quinn v. Thompson, No. 01-CV-1523 JM (JFS)(S.D.Cal. March 20, 2003)

Parental-Related Supplies/Carrier Jurisdiction
In the case of Key Largo Medical Systems et al., (April 5, 2002)

Peer Review Organization (PRO) Review of Hospital Services
In the case of Niobrara Valley Hospital (March 27, 2003)

Physician Billing and Payment/Assistant at Surgery
In the case of The Hand Care Center (Amended Decision), (July 1, 2003)

Physician "Opt Out" of Medicare/Private Contracts With Beneficiaries
In the case of R.G. (April 2, 2003)

Services Outside the United States/Estoppel
In the case of I.W.B. (May 2, 2001)

Statistical Sampling
In the case of Samuel Nigro.M.D. (April 30, 2001)
In the case of Metro Home Care (December 17, 2001)
In the case of Vascular Diagnostic Center and Vascular Testing Center (April 17, 2003)

Last revised: March 2, 2004

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