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NORTHEAST EMERGENCY MEDICAL ASSOCIATES v. CALIFANO

Civ. A. No. 79-581.

470 F.Supp. 1111 (1979)

NORTHEAST EMERGENCY MEDICAL ASSOCIATES, P. C., Neema Emergency Medical, P. C., EPM Medical Associates, P. C., Northeast Emergency Medical Associates, P. C., t/a Physicians Emer. Assoc., Northeast Emergency Medical Associates, P. C., t/a Mercy Emergency Phys., Herbert T. Caskey, M. D., Joseph F. Nowoslawski, M. D. v. Joseph A. CALIFANO, Stanley Katz, Department of Health, Education and Welfare, Stanford Ross.

United States District Court, E. D. Pennsylvania.

May 11, 1979.

Attorney(s) appearing for the Case

Tod I. Mammuth, Philadelphia, Pa., for plaintiffs.

William J. McGettigan, Asst. U. S. Atty., Philadelphia, Pa., for defendant H.E.W.

MEMORANDUM

LUONGO, District Judge.

This civil action stems from a dispute over the proper interpretation of section 1842(b)(5) of the Social Security Act, 42 U.S.C. § 1395u(b)(5) (1976), as amended by Medicare-Medicaid Anti-Fraud and Abuse Amendments, Pub.L.No. 95-142, § 2(a)(1), 91 Stat. 1175 (1977). The corporate plaintiffs, under contracts with several Pennsylvania hospitals, have furnished physicians' services and other services in the...

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