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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