Washington
The Medicare Modernization Act mandates that the government transfer Administrative Law Judges from the Social Security Administration (SSA) to HHS. The law says ALJs will remain separate from CMS and its contractors, but the government has yet to reveal how exactly to protect the independence of ALJs. This remains a concern for providers, according to industry obsrvers.
Next year, HHS plans to hire a reduced number of judges and support staff, though that number could increase as the appropriated budget and workload increases. The judges are to assume authority July 1, 2005, but neither the ALJs nor their staffs will be hired before April next year.
According to a statement issued by AAHomecare, “The combination of the late start in setting up the HHS cadre of judges as well as the limited number of judges and support staff could lead to even longer delays in scheduling hearings and obtaining decisions.”
