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RENAL PHYSICIANS ASS'N v. DEPARTMENT OF HEALTH

No. CIV.A.05-0067 (RBW).

422 F.Supp.2d 75 (2006)

RENAL PHYSICIANS ASSOCIATION, Plaintiff, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, District of Columbia.

March 7, 2006.

Attorney(s) appearing for the Case

Robert Stuart Plotkin, McGuire Woods LLP, Washington, DC, for Plaintiff.

Peter T. Wechsler, United States Department of Justice, Anthony C.J. Nuland, Seward & Kissel, LLP, Guy Sterling Neal, Sidley Austin Brown & Wood, Washington, DC, Joseph Semo, Joseph Semo, LLC, Bethesda, MD, for Defendants.

MEMORANDUM OPINION

WALTON, District Judge.

The Renal Physicians Association ("the plaintiff') brings this action challenging the validity of the safe harbor provision published by the United States Department of Health and Human Services and the Center for Medicare and Medicaid Services ("the defendants") as part of the Stark Law regulations governing physician referrals under the Medicare program. 42 C.F.R. § 411.351 (2004). The plaintiff claims...

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