Metrolina Family Practice Group, P.A. v. Sullivan

FINDINGS OF FACT AND CONCLUSIONS OF LAW

McMILLAN, District Judge.

This suit (1) challenges the constitutionality of certain recent amendments to Title XVIII of the Social Security Act, Health Insurance for the Aged and Disabled, 42 U.S.C. § 1395 et seq., and (2) requests declaratory and injunctive relief. Plaintiffs specifically attack §§ 1395Í (h)(5)(C)-(D), 1395u(j), and 1395u(n) (which place ceilings on the amount physicians can charge Medicare patients), and §§ 1395u(b)(3)(B)(ii)(III), 1395u(i )(l)(A)(iv), and 1395u(m) (which place limitations on services for which physicians can charge…