American Society of Cataract & Refractive Surgery v. Shalala

MEMORANDUM OPINION AND ORDER

ANN CLAIRE WILLIAMS, District Judge.

Plaintiffs American Society of Cataract and Refractive Surgery et al. (“American Society”) claim that Defendants Donna E. Shalala, Secretary of the United States Department of Health and Human Services, et al. (the “Secretary”) violated the Medicare Act, 42 U.S.C. § 405(a), (the “Act”) by promulgating rules that were inconsistent with that Act. Plaintiffs further allege that defendants violated 5 U.S.C. § 706(2)(A) (the Administrative Procedure Act) by promulgating a regulation, 42 C.F.R. § 414.22(b)(5) (1998) that is arbitrary,…