Court says judge had no authority to halt Medicare Advantage plan for Delaware government retirees
DOVER, Del. (AP) — Delaware’s Supreme Court has overturned a lower court ruling that prevented officials from moving state government retirees from a Medicare supplement plan to a Medicare Advantage plan.
The justices ruled Friday that a Superior Court judge had no jurisdiction to enter the stay because he wrongly determined that the state panel that approved the Medicare Advantage plan had violated the state’s Administrative Procedures Act. The selection of a particular Medicare plan is not a regulation subject to APA notice and public hearing requirements, and the judge therefore had no jurisdiction under the APA to halt the plan, the court said.
Justice Abigail LeGrow, writing for a three-judge panel, said a regulation under the APA is a statement of law, procedure or policy that is used as a rule or standard to guide, regulate, or act as a model for future action. The choice of a Medicare plan does not fall within the plain meaning of those terms, she said.
Related articles
The government wants to buy their flood
HOUSTON (AP) — After the floodwaters earlier this month just about swallowed two of the six homes th2024-05-21Zimbabwe wins toss and bats first in 3rd T20 against Bangladesh
CHATTOGRAM, Bangladesh (AP) — Zimbabwe captain Sikandar Raza won the toss and sent Bangladesh in to2024-05-21Jeannie Epper, 'Wonder Woman' stuntwoman, dies at 83
LOS ANGELES (AP) — Jeannie Epper, a groundbreaking performer who did stunts for many of the most imp2024-05-21Key events of Vladimir Putin's 24 years in power in Russia
Significant dates in Vladimir Putin’s 24 years in power in Russia:Dec. 31, 1999 — In a surprise addr2024-05-21Hall of Fame outfielder Ken Griffey Jr. to lead Indianapolis 500 field in Corvette pace car
INDIANAPOLIS (AP) — Hall of Fame outfielder Ken Griffey Jr. will drive the pace car for the 108th ru2024-05-21Zimbabwe wins toss and bats first in 3rd T20 against Bangladesh
CHATTOGRAM, Bangladesh (AP) — Zimbabwe captain Sikandar Raza won the toss and sent Bangladesh in to2024-05-21
atest comment