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MASSACHUSETTS MEDICAL SOC. v. DUKAKIS

No. 86-1575.

815 F.2d 790 (1987)

MASSACHUSETTS MEDICAL SOCIETY, et al., Plaintiffs, Appellants, v. Michael S. DUKAKIS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 30, 1987.

Attorney(s) appearing for the Case

Jack R. Bierig, Chicago, Ill., with whom David F. Graham, Chicago, Ill., Carter G. Phillips, Washington, D.C., Sidley & Austin, Chicago, Ill., Thayer Fremont-Smith, Kenneth Laurence, Choate, Hall & Stewart, Boston, Mass., Kathleen R. Curtis, Waltham, Mass., Michael J. Kelly, Kirk B. Johnson and B.J. Anderson, Chicago, Ill., were on brief, for plaintiffs, appellants.

Carl Valvo, Asst. Atty. Gen., with whom Douglas H. Wilkins, Asst. Atty. Gen., and Francis X. Bellotti, Atty. Gen., Boston, Mass., were on brief, for defendants, appellees.

Ellen A. Bruce, with whom Jan Stiefel, Greater Boston Elderly Legal Services, Daniel S. Manning and Greater Boston Legal Services, Boston, Mass., were on brief, for intervenors Massachusetts Sr. Action Council, Inc. and Massachusetts Ass'n of Older Americans, Inc.

Before CAMPBELL, Chief Judge, BROWN, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

This case concerns the legal status of "balance billing" within the federal Medicare program. Balance billing is the practice by which a doctor bills a patient for the balance of the doctor's fee over and above the amount that the Medicare program has determined to be a "reasonable charge." Massachusetts has enacted a statute that forbids balance billing. Chapter 475 of the Massachusetts Acts of 1985 directs the Massachusetts Board of Registration...

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