Arriva Medical has applauded a district court's decision to deny a motion from Centers for Medicare & Medicaid Services (CMS) to dismiss Arriva’s complaint while expressing disappointment that it denied Arriva's motion for interim relief.
According to the press release, the complaint was filed in the U.S. District Court for the
District of Columbia on Dec. 28.
“While we are
pleased that the Court denied CMS’ motion to dismiss Arriva’s complaint, we
disagree with the Court’s ruling on Arriva’s motion for interim relief,” Arriva, which is an Alere Inc. subsidiary, said in a press release. “Arriva is considering options for appeal; the court’s
decision does not affect or prejudge the ongoing administrative appeal process.”
Arriva is confident that the appeal process will lead to a positive outcome for Arriva and its patients who rely on it for mail-order supplies, the company said in the release.
Alere filed an appeal Dec. 27 for an administrative law judge hearing with the goal of
permanently reinstating Arriva’s Medicare billing status, according to the
Spalding LLP has been retained as Alere’s legal counsel in the Arriva case.
Arriva Medical considering appeal options following court's ruling
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