CAREMARK THERAPEUTIC SERVICES v. LEAVITT

No. 05 Civ. 00728(VM).

405 F.Supp.2d 454 (2005)

CAREMARK THERAPEUTIC SERVICES, Plaintiff, v. Michael O. LEAVITT, Secretary of the Department of Health and Human Services, and the Centers for Medicare & Medicaid Services, Defendants.

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

As Amended January 12, 2006.


Attorney(s) appearing for the Case

Abraham L. Wax, Abraham Wax, P.C., New York City, for plaintiff.

Allison D. Penn, U.S. Attorney's Office, New York City, for defendants.


DECISION AND ORDER

MARRERO, District Judge.

Plaintiff Caremark Therapeutic Services ("CTS") brings this action against the Secretary of the Department of Health and Human Services (the "Secretary") and the Centers for Medicare & Medicaid Services (collectively "Defendants") for judicial review of a final decision of the Secretary pursuant to 42 U.S.C. §§ 405(g) and 1395ff(b)(1). CTS seeks reimbursement for pharmaceutical services provided...

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