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COLORADO HEART INSTITUTE, LLC v. JOHNSON

Civil Action No. 08-1626 (RMC).

609 F.Supp.2d 30 (2009)

COLORADO HEART INSTITUTE, LLC, et al., Plaintiffs, v. Charles E. JOHNSON, Acting Secretary, U.S. Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

April 20, 2009.

Attorney(s) appearing for the Case

Helen Gerostathos Guyton, Mintz Levin Cohn Ferris Glovsky & Popeo, P.C., Washington, DC, Thomas Smith Crane, Nicholas C. Cramb, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, P.C., Boston, MA, for Plaintiffs.

Nicholas P. Cartier, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

The Stark Law, 42 U.S.C. § 1395nn, generally prohibits a physician from referring Medicare patients to an "entity for the furnishing of designated health services" ("DHS") where a financial relationship exists between the physician and the entity. The Centers for Medicare & Medicaid Services ("CMS") currently interprets this statutory language to refer only to the entity that directly bills...

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