The Supreme Court will not hear Coons vs. Lew, a challenge to the Independent Payment Advisory Board, in which businessman Nick Coons and orthopedic surgeon Eric Novack, MD, are named plaintiffs, according to an IJ Review report.
IPAB is designed to advise on Medicare payments, but the board overseeing Medicare doesn't think IPAB will be needed until 2022 at the current spending growth rate, according to the report. Dr. Novack and Mr. Coons assert IPAB rulings "unconstitutionally skirt Congress when making payment decisions."
A lower court found the plaintiffs weren't able to demonstrate enough harm to give them grounds to sue, and with the Supreme Court's decision not to hear the case, the plaintiffs are looking at other options. However, they plan to continue fighting and challenge the board when IPAB takes action.
Dr. Novack is an orthopedic surgeon with OrthoArizona. He earned his medical degree at the University of California, San Francisco School of Medicine and completed his residency at the University of Washington Medical Center.