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BLOOM v. AZAR

Docket No. 18-2390-cv August Term, 2019.

976 F.3d 157 (2020)

Jonathan A. BLOOM, Plaintiff-Appellant, v. Alex AZAR, Secretary, United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 23, 2020.

Attorney(s) appearing for the Case

James Pistorino ( Debra M. Parrish , on the brief), Parrish Law Offices, Pittsburgh, PA, ( Craig S. Nolan , Alexandrea L. Nelson , on the brief), Sheehey Furlong & Behm P.C., Burlington, VT, for Plaintiff-Appellant Jonathan A. Bloom.

Melissa A.D. Ranaldo , Assistant United States Attorney ( Gregory L. Waples , Assistant United States Attorney, on the brief), for Christina E. Nolan , United States Attorney for the District of Vermont, Burlington, VT, for Defendant-Appellee Alex Azar, Secretary, United States Department of Health and Human Services.

Before: LIVINGSTON, Chief Judge, LEVAL and LOHIER, Circuit Judges.

Jonathan A. Bloom is a Medicare beneficiary who uses a Continuous Glucose Monitoring device (CGM) to manage his Type I diabetes. Since 2011 Bloom has regularly sought Medicare coverage to offset the costs associated with his CGM. Three times between 2015 and 2017, the Medicare Appeals Council rejected Bloom's requests for...

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