Appeals Court Rules HHS Not Required to Release Medicare Claims Data Under Freedom of Information Act

A three-judge panel from the 11th U.S. Circuit Court of Appeals has ruled that the U.S. Department of Health and Human Services is not required under the Freedom of Information Act to provide Medicare claims data to a private company, according to a report by American Medical News.

Birmingham, Ala.-based Real Time Medical Data sought to provide hospitals, physicians' offices and other healthcare organizations access to Medicare marketing data, including physician names, addresses and information about the type and volume of procedure they perform, according to the report.

In 2008, the Northern District Court of Alabama issued a permanent injunction ordering HHS to release the claims data for Alabama and three surrounding states. The U.S. Department of Justice and the AMA appealed the decision.

In its ruling, the Circuit Court cited a 1979 case, Florida Medical Assn. v. Dept. of Health Education & Welfare. In the case, the Florida State Medical Association sued the Department of Health Education & Welfare when it planned to release of list of all physicians who treated Medicare patients and their income from the program. The court eventually ruled in favor of the physicians, prohibiting the DHEW from releasing the list.

Read the American Medical News' report on the release of Medicare claims data.

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