FLORIDA MEDICAL ASS'N v. DEPT. OF HEALTH, ED., ETC.

No. 78-178-Civ-J-S.

479 F.Supp. 1291 (1979)

FLORIDA MEDICAL ASSOCIATION, INC., a Florida Corporation, on behalf of its members, Louis C. Murray, M.D., Jack McCris, M.D., Jere Annis, M.D., O. William Davenport, M.D., Robert E. Windom, M.D., and Charles H. Berchert, M.D., on behalf of themselves and all others similarly situated, Plaintiffs, and American Medical Association, on behalf of its members, and Robert B. Hunter, M.D., Frank J. Jirka, Jr., M.D., Lowell H. Steen, M.D., Harold Gurgone, Walter E. Schrange, Plaintiffs (Intervenors), and Broward County Medical Society, Amicus Curiae, v. DEPARTMENT OF HEALTH, EDUCATION & WELFARE, Patricia R. Harris, Secretary of Health, Education & Welfare, Blue Shield of Florida, Inc., a Florida Corporation, and Group Health, Inc., a Florida Corporation, Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

October 22, 1979.


Attorney(s) appearing for the Case

William H. Adams, III, Peter L. Dearing, Stephen D. Lobrano, Jacksonville, Fla., for Florida Medical Assoc.

Newton N. Minow, Jack R. Bierig, Bernard D. Hirsh, B. J. Anderson, Chicago, Ill., for American Medical Assoc.

William DeF. Thompson, Fort Lauderdale, Fla., for amicus curiae.

John Power, Sr., Vice President Group Health, Inc., Coral Gables, Fla., for Group Health, Inc.

John Slye, Jacksonville, Fla., for Blue Shield of Florida.

Steve J. Cohen, Miami, Fla., for Broward County Medical Society.

Ernst D. Mueller, Asst. U. S. Atty., Jacksonville, Fla., for HEW.

Barbara Allen Babcock, Leonard Schaitman, Linda Cole, Terrence Jackson, Dept. of Justice, Washington, D. C., Henry R. Goldberg, Vicki Schulkin, Dept. of Health, Ed. & Welfare, Washington, D. C., for defendants.


OPINION

CHARLES R. SCOTT, Senior District Judge.

This case presents the question whether the Secretary (`the Secretary') of the United States Department of Health, Education & Welfare (`HEW') may disclose information concerning the annual amounts of reimbursements paid to Medicare providers in a way that would individually identify at least some of those providers. This question carries with it a clash of...

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