Blue Bell Medical, Inc. v. Pennsylvania Blue Shield

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

We are currently considering the plaintiffs’ petition for a writ of mandamus and the defendants’ motion to dismiss or, in the alternative, for summary judgment.

The fifteen plaintiffs are providers of services within the meaning of Part B of the Medicare program. See 42 U.S.C. § 1395j-1395w. They filed this action to contest a recent unilateral decision by defendant, Pennsylvania Blue Shield (PBS), as a carrier for the program, to reduce its reimbursement for “primary surgical dressing kits” from $30.00 to $8.00. They alleged that this action…