
Joe Diedrich
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OCT 5
Aug 5, 2026
Courtside Seats: Federal Courts Call Foul on Administrative Law Judges
6:17
6:38
6:58
7:09
12:31

Joe DiedrichGUEST
When you're at the ALJ, you've already dealt with a number of levels of contractor review, then you have an, a trial-like proceeding before an ALJ who may hear some evidence, get some documents, and then make a decision about whether or not the m- medical evidence supports a terminal prognosis.

Joe DiedrichGUEST
And as Brian mentioned, even if the ALJ says, "No, this doesn't support a terminal prognosis," there's still a question of this limitation of liability, or sometimes called safe harbor provision, under the Medicare statute, and I'll get back to that.

Joe DiedrichGUEST
If a hospice or, or any other healthcare provider that's going through the Medicare appeals process disagrees with an ALJ decision, they then have two more paths.

Joe DiedrichGUEST
Number one, they initially have to go to the Medicare Appeals Council, and if the council either doesn't act or affirms the ALJ's decision, then you can go to federal district court.
5 MINS LATER

Bryan NowickiHOST
Yeah, you go through the language, it's like double negatives, and it's, it is a, uh, a twist and turn, [chuckles] that, that you have to, to navigate through.