HCFA's denial of the Provider's request for exception rate for self-dialysis training using an accelerated method was not proper. The Intermediary's denial is reversed. Irvin W. Kues Henry C. Wessman, Esq. Martin W. Hoover, Jr. Esq. I disagree with the Majority decision in this case, and chose to dissent.
Jurisprudence demands that the cause be vigorously advanced, with clarity, and with substance.
In this appeal, the plaintiff presents neither. As an administrative law tribunal, the PRRB can only consider, in a Hearing on the Record, materials that are presented in the record at the time of Hearing, namely, the Position Papers of parties, with Exhibits. In the Record before us, neither party clarifies, nor distills, either the amount in controversy, or the year for which the cost exemption is requested, and thus there is a failure to state a claim upon which relief can be granted. HCFA's action, to deny the exception request, was an appropriate summary judgement on this case. Intermediary Position Paper, Exhibit I-2.