The decision
upholds a temporary hold on the rule and is a victory for
dialysis providers FMC, DaVita Inc and U.S. Renal Care Inc,
which had filed a lawsuit to block the rule.
"The preliminary injunction is indefinite in duration and
therefore will remain in effect as long as the court does not
change it," FMC said.
The rule, announced by the U.S. Department of Health and Human
Services on Dec. 14, would require dialysis providers to
disclose to insurers any charitable assistance their patients
are receiving for their care. The providers said insurers would
use that information to refuse coverage to their patients.
Davita said in a statement the rule was still a threat to
patients and urged the new U.S. administration and the Centers
for Medicare and Medicaid Services to eliminate it and take
action to prevent insurance companies from discriminating
against patients.
(Reporting by Maria Sheahan; Editing by Ludwig Burger)
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