MEMORANDUM
MORTON, Chief Judge.
This case is before the court upon cross-motions for summary judgment. At issue is the propriety of a regulation found at 42 C.F.R. § 405.452(b)(1)(ii), which is referred to as the "Malpractice Rule." The rule's function has been to restructure the manner in which reimbursement for the cost of malpractice insurance premiums is made to plaintiffs and other health care providers under the Medicare program.
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