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NEW YORK STATEWIDE SENIOR ACT. COUNCIL v. LEAVITT

No. 05 Civ. 9549(LAP).

409 F.Supp.2d 325 (2005)

NEW YORK STATEWIDE SENIOR ACTION COUNCIL, the Coalition of Voluntary Mental Health Agencies, Inc., United Senior Action of Indiana, National Alliance for the Mentally III: Maine, Action Alliance of Senior Citizens of Greater Philadelphia, Massachusetts Senior Action Council, Congress of California Seniors, and Medicare Rights Center, Plaintiffs v. Michael O. LEAVITT, Secretary of the U.S. Department of Health and Human Services, Defendant.

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

December 30, 2005.

Attorney(s) appearing for the Case

Aidan John Synnott, Jay Greenfield, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City, for Plaintiffs.

OPINION AND ORDER

PRESKA, District Judge.

BACKGROUND

Congress enacted, and on December 8, 2003 President Bush signed into law, the Medicare Prescription Drug, Improvement, and Modernization Act ("MMA"), 42 U.S.C. § 1395w-101, et seq. The Secretary of Health and Human Services ("Secretary"), through the Centers for Medicare and Medicaid Services ("CMS") is charged with implementing...

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