CITIZENS FOR HEALTH; American Association for Health Freedom; American Association of Practicing Psychiatrists; American Mental Health Alliance-USA; American Psychoanalytic Association; National Coalition of Mental Health Professionals and Consumers; New Hampshire Citizens for Health Freedom; Sally Scofield; Ted Koren, DC; Michaele Dunlap, Psy.D.; Morton Zivan, Ph.D.; California Consumer Healthcare Council; Congress of California Seniors; Health Administration Responsibility Project; Daniel S. Shrager; Eugene B. Meyer; Jane Doe; Janis Chester; Deborah Peel, Appellants
v.
Michael O. LEAVITT, Secretary U.S. Department of Health and Human Services.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued March 9, 2005.
Filed October 31, 2005.
Attorney(s) appearing for the Case
Robert N. Feltoon, Conrad, O'Brien, Gellman & Rohn, Philadelphia, PA, James C. Pyles [Argued], Powers, Pyles, Sutter & Verville, Washington, DC, Peter D. Winebrake, Trujillo, Rodriguez & Richards, The Penthouse, Philadelphia, PA, for Appellants.
Charles W. Scarborough [Argued], U.S. Department of Justice, Appellate Section, Washington, DC, Mark B. Stern, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Appellee.
Stacy A. Fols, Montgomery, McCracken, Walker & Rhoads, Cherry Hill, NJ, for Amicus-appellants The National Association of Social Workers, Inc. and PA Chapter of the National Association of Social Workers.
M. Duncan Grant, Pepper Hamilton, Philadelphia, PA, for Amicus-appellant Program for Psychiatry and the Law at Harvard Medical School.
Jonathan S. Martel, Arnold & Porter, Washington, DC, for Amicus-appellant NARAL Pro-Choice America Foundation.
David P. Felsher, New York, NY, for Amicus-appellants Guenter L. Spanknebel, Leonard Morse, Wayne Glazier, Graham L. Spruiell, and Association of American Physicians and Surgeons, Inc.
Before McKEE, RENDELL and NYGAARD, Circuit Judges.
United States Court of Appeals, Third Circuit.
RENDELL, Circuit Judge.
Appellant Citizens for Health, along with nine other national and state associations and nine individuals (collectively "Citizens"), brought this action against the Secretary of the United States Department of Health and Human Services ("HHS" or "Agency") challenging a rule promulgated by the Agency pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability...
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