Wilson Sonsini Goodrich & Rosati



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Wilson Sonsini (53)


The Medicare Prescription Drug, Improvement, and Modernization Act (MMA), which went into effect in 2006, expanded Medicare to cover prescription drugs for senior citizens covered under the program. However, many disabled and elderly citizens with low incomes—"dual eligible" beneficiaries, who qualified for both Medicare and Medicaid, the The Am Law Pro Bono 100government health program for the poor—reported difficulties in obtaining this coverage. In April 2006 the National Senior Citizens Law Center and the Center for Medicare Advocacy filed a class action against the secretary of the Department of Health and Human Services on behalf of 75-year-old Xiufang Situ and a class of more than 6 million dual eligible beneficiaries. The suit alleged that the government's Center for Medicare and Medicaid Services had failed to ensure that low-income Medicare beneficiaries were automatically enrolled in Medicare Part D, the prescription drug program, in breach of the Medicare statute and the due process clause of the U.S. Constitution.

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