At least 15 states are asking the federal Supreme Court to consider hearing their case against the Medicare Part D drug plan.
Five states – Texas, Kentucky, Maine, Missouri and New Jersey – asked the highest court in the country for permission to file an original case to get the issue directly before the justices. Ten states filed a brief backing the measure.
The states dispute the monthly payments they owe the government as a result of the new benefit. Also known as clawback payments, the payments are designed to pay back the government for the prescription drug costs of their dual eligible residents. As part of the new benefit, Medicare took over the prescription drug costs of the Medicaid recipients.
Last month, some states said they would re-consider the suit after the government said states would pay $700 million less this year in clawback payments.