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IN HOME HEALTH CARE, INC. v. BOWEN

Civ. A. No. 84-0957.

639 F.Supp. 1124 (1986)

IN HOME HEALTH CARE, INC., et al., Plaintiffs, v. Otis R. BOWEN, et al., Defendants.

United States District Court, District of Columbia.

July 15, 1986.

Attorney(s) appearing for the Case

Stanley M. Brand, Brand & Lowell, Washington, D.C., for plaintiffs.

Stuart I. Silverman, Office of the General Counsel, Department of Health and Human Services, Washington, D.C., Robert C. Seldon, Asst. U.S. Atty., for the District of Columbia, for defendants.

MEMORANDUM

SPORKIN, District Judge.

Plaintiffs, two Medicare beneficiaries and two home health agency providers, challenge the validity of an "interpretative" regulation issued by the Department of Health and Human Services (HHS) without the exercise of the notice and comment procedures of the Administrative Procedure Act ("APA"), 5 U.S.C. § 551 et seq. The challenged rule prohibits home health agency providers from representing Medicare beneficiaries...

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