ABIONA v. THOMPSON

No. CV00-3994(DRH)(MLO).

237 F.Supp.2d 258 (2002)

Margaret ABIONA, Jill Altman, Rodolfo T. Domingo, Jeffrey Gropper, Kwang Ho Kim, June Woo Lee, William Mairino, Terence O'Malley, Thomas Tomaselli, V. Venkatachalam, Jay Stein, Lawrence Minowitz, Richard Moore, Richard Peters, John Pilliterri, Individually and on behalf of others similarly situated, Plaintiffs, v. Tommy THOMPSON, Secretary of Health and Human Services, Defendant.

United States District Court, E.D. New York.

December 4, 2002.


Attorney(s) appearing for the Case

Landy & Seymour, New York, NY by Whitney North Seymour, Jr., for Plaintiffs.

United States Attorney's Office, Civil Division, Brooklyn, NY by Kevin P. Mulry, for Defendant.


MEMORANDUM AND ORDER

HURLEY, District Judge.

Plaintiffs, assignees of Medicare claims for reimbursement of certain pain management services provided by anesthesiologists, brought this action challenging the Secretary of Health and Human Services' determination that separate reimbursement was not allowed absent a showing of medical necessity. The action alleges that the Secretary's determination was unsupported...

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