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NECKETOPOULOS v. SHALALA

No. 94 Civ. 1044 (MGC).

941 F.Supp. 1382 (1996)

Helen NECKETOPOULOS, Stanley Kunitz, Bruce W. Konrad, John Rottkamp, Indra Anandasapapathy, and Massimo De Giarde, and 90 other Medicare claimants listed on Schedule "1" attached hereto, individually and on behalf of all others similarly situated, Plaintiffs, v. Donna E. SHALALA, in her capacity as Secretary of the Department of Health and Human Services, and Bruce Vladeck, in his capacity as Administrator of the Health Care Financing Administration, Defendants.

United States District Court, S.D. New York.

September 30, 1996.

Attorney(s) appearing for the Case

Brown & Seymour & Craig A. Landy, New York City by Whitney North Seymour, Jr., Craig A. Landy, and Peter James Clines, for Plaintiffs.

Mary Jo White, United States Attorney for the Southern District of New York, New York City by Jeffrey Oestericher, Assistant United States Attorney, for Defendants (Annette H. Blum, Chief Counsel, Region II David Rawson, Assistant General Counsel, Department of Health and Human Services, of counsel).

OPINION

CEDARBAUM, District Judge.

This case involves claims for reimbursement for anesthesia services under Part B of the Medicare Program. In certain regions of the country prior to 1989, reimbursement was based, in part, on a patient's age and physical condition. In 1989, the Secretary of the Department of Health and Human Services issued a regulation which provided that reimbursement would no longer be based on these factors. Plaintiffs claim...

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