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
Judges ask whether lawmakers could draw up new House map in time for this year's elections
NEW ORLEANS (AP) — Federal judges who threw out a congressional election map giving Louisiana a seco2024-05-07Argentine court blames Iran and Hezbollah for deadly 1994 Jewish center bombing
BUENOS AIRES, Argentina (AP) — Argentina’s highest criminal court reported a new development Thursda2024-05-07Abu Ghraib survivors bring their torture claims to a US court
ALEXANDRIA, Va. (AP) — Twenty years ago this month, photos of abused prisoners and smiling U.S. sold2024-05-07A Toronto police officer was stabbed and a suspect shot. Both hospitalized in stable condition
TORONTO (AP) — A Toronto police officer was stabbed and a suspect was shot in the city’s west end, a2024-05-07Nintendo to announce Switch successor in this fiscal year as profits rise
TOKYO (AP) — Japanese video-game maker Nintendo said Tuesday that it will make an announcement about2024-05-07Louisiana lawmakers quietly advance two controversial bills as severe weather hits the state
BATON ROUGE, La. (AP) — While state offices and schools were closed across Louisiana on Wednesday be2024-05-07
atest comment