Attanasio v. Division of Compliance, Office of Health Maintenance Organizations of the U.S. Department of Health & Human Services

MEMORANDUM AND ORDER

FREEDMAN, Chief Judge.

I. INTRODUCTION

Before the Court are plaintiff’s motion for partial summary judgment and defendants’ motion to dismiss. In essence, plaintiff contends that certain regulations promulgated by the Secretary of Health and Human Services (“Secretary”) are invalid, and that plaintiff is entitled to judgment as a matter of law. Defendants, however, aver that the Secretary acted beyond his statutory authority by creating the regulations, and that plaintiff’s complaint fails to state a claim upon which relief can be granted.

An Act of Congress provides, inter…