Legal Opinion

Atlantic Urological Associates, P.A. v. Leavitt

District Court, District of Columbia

Decided May 5, 2008No. Civil Action 08-141 (RMC)PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

Plaintiffs sue Michael O. Leavitt, in his official capacity as Secretary of the Department of Health and Human Services (“the Secretary” or “HHS”), to challenge HHS’s final rule, 73 Fed.Reg. 404 (Jan. 3, 2008) (the “Final Order”) and its final rule, 72 Fed.Reg. 66222 (Nov. 27, 2007) (the “Anti-Markup Rule”), both of which relate to Medicare payment for laboratory testing services. 1 Plaintiffs include: (1) three urology physician group practices (the “Physician Groups”) 2 that own pathology laboratories; (2) Dr. Sam Michaels, a…

2Cases cited26 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  5. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982

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3Cited by10 opinions

  1. Association of American Physicians & Surgeons, Inc. v. SebeliusDistrict Court, District of Columbia · 2012
  2. Texas Alliance for Home Care Services v. SebeliusDistrict Court, District of Columbia · 2011
  3. Jones v. AugéNew Mexico Court of Appeals · 2015
  4. Colorado Heart Institute, LLC v. JohnsonDistrict Court, District of Columbia · 2009
  5. Council for Urological Interests v. SebeliusDistrict Court, District of Columbia · 2010

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