THERESE M. WATERS, obo Kelly E. Waters v. XAVIER BECERRA, Secretary of Health and Human Services - Articles

All Content

THERESE M. WATERS, obo Kelly E. Waters v. XAVIER BECERRA, Secretary of Health and Human Services

Posted by: Tanja Trezise on Sep 11, 2023

Head Comment: READLER delivered a separate concurring opinion.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Thomas J. Waters, THE RUNNING WISE LAW FIRM, Traverse City, Michigan, for Appellant.

Attorneys 2: ARGUED: Nicole Mazzocco, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Thomas J. Waters, THE RUNNING WISE LAW FIRM, Traverse City, Michigan, for Appellant.

Attorneys 4: ON BRIEF: Nicole Mazzocco, UNITED STATES ATTORNEY’S OFFICE, Grand Rapids, Michigan, for Appellee.

Judge(s): GILMAN, BUSH, and READLER, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

JOHN K. BUSH, Circuit Judge. Therese Waters, on behalf of her daughter Kelly Waters, sought judicial review of the Medicare Appeals Council’s denial of Waters’s Medicare Part B claim. Her claim was for Vitaflo Homocystinuria Cooler, an orally consumed enteral nutrition formula that provides her with necessary protein to compensate for her limited liver functionality. The Council's decision is considered the final decision of the Secretary of Health and Human Services. That ruling affirmed the denial of Waters's claim by an Administrative Law Judge, which in turn affirmed decisions of a Medicare Administrative Contractor and a Qualified Independent Contractor. On judicial review, the district court granted summary judgment for the Secretary-holding that the Secretary’s decision was based on substantial evidence and contained no legal error. We AFFIRM.

Attachments: