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AMERICAN LITHOTRIPSY SOC. v. SULLIVAN

Civ. A. No. 92-0268.

785 F.Supp. 1034 (1992)

AMERICAN LITHOTRIPSY SOCIETY, Plaintiff, v. Louis W. SULLIVAN, M.D., and Gail R. Wilensky, Ph.D., Defendants.

United States District Court, District of Columbia.

March 12, 1992.

Attorney(s) appearing for the Case

Michael Joseph, Thomas L. Mills, E. Alex Blanton, Joseph O. Click, Washington, D.C., for plaintiff.

Edith S. Marshall, Marina Utgoff Braswell, Asst. U.S. Attys., Washington, D.C., for defendants.

MEMORANDUM

GESELL, District Judge.

Plaintiff, a national association of persons providing Extra-Corporeal Shock Wave Lithotripsy ("ESWL") on an outpatient basis to patients eligible for Medicare benefits, challenges a final notice of the Health Care Financing Administration ("HCFA") that classifies ESWL as a surgical procedure and sets a prospective Medicare rate for ESWL performed in ambulatory surgical centers ("ASCs"). See 56 Fed.Reg. 67666 (Dec...

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