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MINNESOTA EX REL. HATCH v. U.S.

No. 99 CIV. 1831 DDA/FLN.

102 F.Supp.2d 1115 (2000)

State of MINNESOTA, by its Attorney General, Mike HATCH; Minnesota Senior Federation—Metropolitan Region; and Mary Sarno, Plaintiffs, v. The UNITED STATES of America and Donna E. Shalala, Secretary of Health and Human Services, Defendants.

United States District Court, D. Minnesota.

July 7, 2000.

Attorney(s) appearing for the Case

David Woodward, Assistant Attorney General of the State of Minnesota, St. Paul, Minnesota, appeared on behalf of Plaintiff the State of Minnesota.

Daniel E. Gustafson, Heins Mills & Olsen, P.L.C., Minneapolis, Minnesota, appeared on behalf of Plaintiffs Minnesota Senior Federation—Metropolitan Region and Mary Sarno.

Michelle B. Goodman, United States Department of Justice, Civil Division, Washington, D.C., appeared on behalf of Defendants.

ORDER

ALSOP, Senior District Judge.

The question presented in this case is whether the Medicare managed care payment formula set forth in the Balanced Budget Act ("BBA") of 1997, Pub.L. No. 105-33, violates the Constitution. The Court holds that it does not and therefore will grant Defendants' motion to dismiss.

I.

A.

Congress established Medicare in 1965 as part of the Social Security Act, 42 U.S.C. § 1395 et seq.,

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