Texas Alliance for Home Care Services v. Sebelius
District Court, District of Columbia
1Opinion of the Court
MEMORANDUM OPINION
ROYCE C. LAMBERTH, Chief Judge.
I. INTRODUCTION
In 2003, as part of the Medicare Prescription Drug, Improvement, and Modernization Act, Pub. L. No. 108-173, 117 Stat. 2066 (2003) or “MMA,” Congress directed the Department of Health and Human Services (“HHS”) and the Center for Medicaid and Medicare Services (“CMS”) to transition payment for Durable Medical Equipment (“DME”) 1 under Medicare Part B from a fee schedule to a competitive bidding process by 2009. As part of this new law, Congress declared that CMS could not issue contracts to DME suppliers unless those entities met…
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