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ESTATE OF AITKEN v. SHALALA

No. CIV.A. 97-11726-GAO.

986 F.Supp. 57 (1997)

ESTATE OF Lillian AITKEN; Albert Noecker, Norma Heyen, Etta Langill, Ruth Sharp, Thelma Turner, and American Physical Therapy Association, Plaintiffs, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services; and Bruce C. Vladeck, Administrator, Health Care Financing Administration, Defendants.

United States District Court, D. Massachusetts.

November 18, 1997.

Attorney(s) appearing for the Case

Craig A. Hoover, Jeffrey G. Schneider, Elizabeth D. Smith, Hogan & Hartson, Washington, DC, Scott P. Lewis, Anne Robbins, for Plaintiffs Lillian Aitken, Albert Noecker, Norma Heyen, American Physical Therapy Ass'n.

Anne Robbins, Palmer & Dodge, Boston, MA, for Plaintiffs Ruth Sharpe, Thelma Turner, Etta Langill.

David O. Buchholz, Sheila M. Lieber, U.S. Dept. of Justice, Civ. Div., Washington, DC, for Defendants.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

The Health Care Financing Administration ("HCFA") of the United States Department of Health and Human Services ("HHS") has issued a "national coverage determination" that the cost of treatments to promote the healing of open wounds by means of various techniques of electrical stimulation therapy ("ES") will not qualify for reimbursement under Medicare. The plaintiffs herein claim that the national coverage...

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