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ERRINGER v. THOMPSON

No. CIV 01-112-TUC-BPV.

189 F.Supp.2d 984 (2001)

Christopher T. ERRINGER, et al., on behalf of themselves and a class of persons similarly situated, Plaintiffs, v. Tommy THOMPSON, Secretary of Health and Human Services, Defendant.

United States District Court, D. Arizona.

September 19, 2001.

Attorney(s) appearing for the Case

Dina R. Lesperance, Arizona Ctr. for Disability Law, Phoenix, AZ, Sally Hart, Arizona Ctr. for Disability Law, Tucson, AZ, Gill Deford, Hilary S. Dalin, Mansfield Ctr., CT, Judith A. Stein, Center for Medicare Advocacy Inc., Willimantic, CT, for plaintiffs.

Sheila Lieber, Carlotta P. Wells, U.S. Dept of Justice Civil Division, Washington, DC, for defendant.

ORDER

VELASCO, United States Magistrate Judge.

PROCEDURAL BACKGROUND

This is a class action suit brought by various Medicare claimants against the Secretary of Health & Human Services challenging the Medicare policy and practice of denying beneficiaries payment for health services based on Local Coverage Determinations (LCDs). LCDs are created by private entities that contract with Medicare to delineate medical services or items for which coverage...

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