ASSOCIATION OF AMERICAN PHYSICIANS v. BOWEN

No. 89-3477.

909 F.2d 161 (1990)

ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC.; N.M. Camardese, M.D.; Harold Schultz, D.O.; and Souheil Al-Jadda, M.D., Plaintiffs-Appellants, v. Otis BOWEN, Secretary of Health and Human Services; and Nationwide Mutual Insurance Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 23, 1990.


Attorney(s) appearing for the Case

Kent Masterson Brown (argued), Lexington, Ky., John B. Spitzer, Toledo, Ohio, for plaintiffs-appellants.

Thomas A. Karol, Asst. U.S. Atty. (argued), Toledo, Ohio, for defendants-appellees.

Before KENNEDY and BOGGS, Circuit Judges, and HULL, Chief District Judge.


BOGGS, Circuit Judge.

This case presents the question whether physicians who choose not to participate in the Medicare program and who perform "clinical diagnostic laboratory tests" on Medicare patients in their offices are forbidden to bill those patients directly. In particular, the question is whether subsection (C) of 42 U.S.C. § 1395l(h)(5) applies to all "clinical diagnostic laboratory tests" performed in a physician's office. It is the opinion of...

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