N.J. SPEECH-LANGUAGE-HEARING ASSOCIATION v. PRUDENTIAL INS. COMPANY OF AMERICA

Civ. A. No. 81-1663.

551 F.Supp. 1024 (1982)

NEW JERSEY SPEECH-LANGUAGE-HEARING ASSOCIATION, a New Jersey Corporation; New Jersey Association of Speech Pathologists and Audiologists in Private Practice, a New Jersey Corporation; Jules Kronengold, M.A., Irwin Blake, Ph.D., and Harriet Schwartz, M.A., on behalf of themselves as speech-language pathologists and all other entities and persons similarly situated, Plaintiffs, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey Corporation; United States Department of Health and Human Services; Richard Schweiker, Secretary of Health and Human Services; Health Care Financing Administration; and Carolyn K. Davis, Administrator, Health Care Financing Administration, Defendants.

United States District Court, D. New Jersey.

December 3, 1982.


Attorney(s) appearing for the Case

Brach, Eichler, Rosenberg, Silver, Bernstein & Hammer by H. Neil Broder, and Dean A. Kant, Roseland, N.J., for plaintiffs.

W. Hunt Dumont, U.S. Atty. by Judy Sello, Asst. U.S. Atty., Newark, N.J., for defendants.


STERN, District Judge.

The question presented here is whether a group of medical professionals who have contracted to furnish services to nursing homes receiving money under Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq. (the "Medicare" Act), may challenge the method by which those nursing homes are reimbursed for the cost of providing services to Medicare beneficiaries. Since the Court finds that plaintiffs do not have standing...

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