Legal Opinion
Colorado Heart Institute, LLC v. Johnson
District Court, District of Columbia
Decided April 20, 2009No. Civil Action 08-1626 (RMC)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROSEMARY M. COLLYER, District Judge.
The Stark Law, 42 U.S.C. § 1395nn, generally prohibits a physician from referring Medicare patients to an “entity for the furnishing of designated health services” (“DHS”) where a financial relationship exists between the physician and the entity. The Centers for Medicare & Medicaid Services (“CMS”) currently interprets this statutory language to refer only to the entity that directly bills Medicare for DHS. However, effective October 1, 2009, CMS will interpret this language to also include a second entity that provides DHS to the first…
2Cases cited16 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Califano v. SandersSupreme Court of the United States · 1977
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Victor Herbert v. National Academy of SciencesCourt of Appeals for the D.C. Circuit · 1992
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3Cited by4 opinions
- Council for Urological Interests v. SebeliusDistrict Court, District of Columbia · 2010
- Council for Urological Interests v. JohnsonDistrict Court, District of Columbia · 2010
- National Home Infusion Association v. AzarDistrict Court, District of Columbia · 2021
- Ricu LLC v. United States Department of Health and Human ServicesDistrict Court, District of Columbia · 2021