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ATLANTIC UROLOGICAL ASSOCIATES P.A. v. LEAVITT

Civil Action No. 08-141 (RMC).

549 F.Supp.2d 13 (2008)

ATLANTIC UROLOGICAL ASSOCIATES, P.A., et al., Plaintiff, v. Michael O. LEAVITT, Secretary, Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

March 31, 2008.

Attorney(s) appearing for the Case

Dan Mark Peterson, Caroline M. Mew, Wendy Butler Curtis, Fulbright & Jaworski, LLP, Washington, DC, for Plaintiff.

Peter T. Wechsler, United States Department of Justice, Benjamin Franklin Station Washington, DC, for Defendant.

MEMORANDUM OPINION

ROSEMARY M. COLLYER, District Judge.

Plaintiffs brought this suit against Michael Leavitt, in his official capacity, as Secretary of the Department of Health and Human Services ("the Secretary" or "HHS") challenging the HHS's Final Order, 73 Fed.Reg. 404 (Jan. 3, 2008), which relates to Medicare billing of laboratory testing services. The Final Order delays for one year the application of the November 2007 Anti-Markup Rule

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