Court keeps dual eligibles' Part D lawsuit alive

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A federal district court last month partially denied a motion to dismiss a complaint against the Department of Health and Human Services. The complaint sought class certification of dual eligibles who could not receive the full benefits of Medicare Part D prescription drug coverage.

The dual eligibles -– those who are eligible for Medicare and Medicaid services -- filed the proposed class action in April. They alleged they suffered irreparable injury in signing up for the Medicare Part D drug benefit, such as problems with filling prescriptions.

The HHS secretary filed a motion to dismiss the proposed class action for lack of subject matter jurisdiction. The U.S. District Court for the Northern District of California rejected the secretary's argument that the plaintiffs lacked standing.