Headache and Pain Center v. SECRETARY OF HEALTH

MEMORANDUM AND ORDER

VRATIL, District Judge.

This matter is before the Court on plaintiffs Brief In Support Of Reversal Of Administrative Agency (Doc. # 13) filed February 23, 1998 and defendant’s Motion For An Order Affirming The Secretary (Doc. # 16) filed May 18, 1998. Plaintiff seeks Medicare benefits of approximately $43,530, which defendant has denied through the Health Care Financing Administration (“HCFA”).

Facts

Plaintiff is an ambulatory surgical center (“ASC”) where physicians perform pain management procedures, often on Medicare patients. After a physician performs such a procedure,…