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MATTER OF MED. SOCY. v. DOH

189 A.D.2d 453 (1993)

In the Matter of Medical Society of the State of New York et al., Respondents, v. State of New York Department of Health et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 15, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Frank K. Walsh and Peter H. Schiff of counsel), for appellants.

Gleason, Dunn, Walsh & O'Shea, Albany (Thomas F. Gleason of counsel; Donald R. Moy, Richard D. Raskin and Jack R. Bierig, Sidley & Austin, Chicago, Illinois, of counsel), for respondents.

MIKOLL, J. P., YESAWICH JR., MERCURE and HARVEY, JJ., concur.

CREW III, J.

On July 18, 1990, the Legislature enacted Public Health Law § 19 (L 1990, ch 572) which provides, in pertinent part, that no physician licensed in this State may charge Federal Medicare beneficiaries more than a fixed percentage of the "reasonable charge for that service as determined by the United States secretary for health and human services" (Public Health Law § 19 [1] [a],...

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