American Hospital Ass'n v. Bowen

MEMORANDUM

BRYANT, Senior District Judge.

This case is before the court on defendant’s motion to dismiss or in the alternative for summary judgment, and on plaintiff’s cross-motion for summary judgment. For the reasons discussed below, both motions are granted in part and denied in part.

I. Background

This case concerns the means by which the Department of Health and Human Services (“HHS”) has implemented the Peer Review Improvement Act of 1982, 42 U.S.C. § 1320c et seq,, a critical element of the Medicare Program.

The Medicare Program provides for federal government reimbursement of medical…