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VERMONT ASSEMBLY OF HOME HEALTH v. SHALALA

No. 2:98-CV-128.

18 F.Supp.2d 355 (1998)

THE VERMONT ASSEMBLY OF HOME HEALTH AGENCIES, INC., on behalf of its 13 Medicare-certified, non-profit Home Health Agencies; and the Visiting Nurse Alliance of Vermont and New Hampshire, Inc., Plaintiffs, v. Donna SHALALA, Secretary, United States Department of Health and Human Services, Defendant.

United States District Court, D. Vermont.

August 26, 1998.

Attorney(s) appearing for the Case

Philip Howell White, Law Offices of Wilson & White, P.C., Montpelier, VT, for Plaintiffs.

Nancy J. Creswell, Asst. U.S. Atty., Burlington, VT, for Defendant.

Donelle Smith Staley, Vermont Atty. General's Office, Human Services Div., Waterbury, VT, Christopher LaBonte White, Vermont Atty. General's Office, Department of Social & Rehab. Services, Waterbury, VT, William Richard Dysart, Vermont Senior Citizen Law Project, Burlington, VT, for Movants.

OPINION AND ORDER

SESSIONS, District Judge.

Plaintiff home health agencies challenge the constitutionality of an interim reimbursement scheme for Medicare home health services in the Balanced Budget Act of 1997 ("BBA"), Pub.L. No. 105-33, § 4602, to be codified at 42 U.S.C. § 1395x(v)(1)(L). They seek a preliminary injunction against the implementation of this scheme. Plaintiffs also...

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