Long Term Care Pharmacy Alliance v. Leavitt

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

This case arises from the implementation of the recently enacted Medicare Part D prescription drug program under the Medicare Prescription Drug Improvement and Modernization Act of 2003 (“MMA”). Pub.L. No. 108-173, 117 Stat. 2066 (2003). The plaintiff organizations, which represent long term care pharmacies and pharmacists, have sued the Department of Health and Human Services (“HHS”), its Secretary, Michael O. Leav-itt, and the Centers for Medicare and Medicaid Services (“CMS”), which oversees this program. Plaintiffs allege that CMS has…