Legal Opinion
Abiona v. Thompson
District Court, E.D. New York
Decided December 4, 2002No. CV00-3994(DRH)(MLO)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
HURLEY, District Judge.
Plaintiffs, assignees of Medicare claims for reimbursement of certain pain management services provided by anesthesiologists, brought this action challenging the Secretary of Health and Human Services’ determination that separate reimbursement was not allowed absent a showing of medical necessity. The action alleges that the Secretary’s determination was unsupported by substantial evidence and viola-tive of procedural due process. The parties filed cross-motions for judgment on the pleadings. Plaintiffs also made a motion for certification of the…
2Cases cited34 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
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3Cited by2 opinions
- Cruz v. BarnhartDistrict Court, S.D. New York · 2004
- Crespo v. BarnhartDistrict Court, S.D. New York · 2003