Legal Opinion

Abbott Radiology Associates v. Sullivan

District Court, W.D. New York

Decided July 24, 1992No. 89-CV-1356SPublishedCited by 3 opinions

1Opinion of the Court

DECISION AND ORDER

SKRETNY, District Judge.

Plaintiffs are twenty-eight physicians or groups of physicians specializing in radiology and providing “radiologist services” within the meaning of 42 U.S.C. § 1395m(b)(6). (Am.Complaint, ¶ 1). They commenced this action to challenge the amounts they were receiving or were permitted to charge their patients under the Medicare statute for radiologist services. These amounts were set by a fees schedule developed pursuant to a regulation promulgated by the Secretary of Health and Human Services (the “Secretary”). Plaintiffs attacked the regulation as…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. Heckler v. RingerSupreme Court of the United States · 1984
  4. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  5. Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986

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3Cited by3 opinions

  1. Vermont Assembly of Home Health Agencies, Inc. v. ShalalaDistrict Court, D. Vermont · 1998
  2. Walsh v. McGeeDistrict Court, S.D. New York · 1995
  3. Abbott Radiology Associates v. ShalalaDistrict Court, W.D. New York · 1997

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