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THREE LOWER COUNTIES COMMUNITY HEALTH SERVICES INC. v. U.S. DEPT. OF HHS

Civil Action No. 07-0844(ESH).

517 F.Supp.2d 431 (2007)

THREE LOWER COUNTIES COMMUNITY HEALTH SERVICES INC., Plaintiff, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants.

United States District Court, District of Columbia.

October 9, 2007.

Attorney(s) appearing for the Case

James L. Feldesman, Khatereh S. Ghiladi, Feldesman Tucker Leifer Fidell LLP, Washington, DC, for Plaintiff.

Charlotte A. Abel, United States Attorney's Office, Washington, DC, for Defendants.

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiff Three Lower Counties Community Services, Inc. ("TLC") has filed this putative class action lawsuit seeking to enjoin the United States Department of Health and Human Services and its Secretary (collectively "HHS") from applying two cost limits — a per visit payment "cap" and a physician productivity "screen" — when making cost reimbursements under the Medicare program...

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