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PHYSICIAN HOSPITALS OF AMERICA v. SEBELIUS

No. 6:10-cv-277.

781 F.Supp.2d 431 (2011)

PHYSICIAN HOSPITALS OF AMERICA and Texas Spine & Joint Hospital, Ltd. v. Kathleen SEBELIUS, in her official capacity as Secretary of the United States Department of Health and Human Services.

United States District Court, E.D. Texas, Tyler Division.

March 31, 2011.

Attorney(s) appearing for the Case

Lindsey Scott Birdsong , Birdsong & Armstrong PC, Tyler, TX, Blake E. Armstrong , Scott Charles Oostdyk , Virginia Leigh Hudson , McGuire Woods , Richmond, VA, Victor L. Moldovan , McGuirewoods LLP, Atlanta, GA, for Physician Hospitals of America and Texas Spine & Joint Hospital, Ltd.

Kimberly L. Herb , Scott Risner , Sheila M. Lieber , Jim J. Marquez , Marquez & Associates, Washington, DC, Robert Austin Wells , U.S. Attorney's Office, Tyler, TX, Andrea I. Schwab , Donald P. Wilcox , Texas Medical Association, Anthony Lee Icenogle , Icenogle & Sullivan, LLP, Austin, TX, Rebecca M. Fowler , Doerner Saunders Daniel & Anderson, Tulsa, OK, James J. Belanger , Scott M. Bennett , Coppersmith Schermer & Brockelman, Phoenix, AZ, for Kathleen Sebelius, in her official capacity as Secretary of the United States Department of Health and Human Services.

MEMORANDUM OPINION & ORDER

MICHAEL H. SCHNEIDER, District Judge.

In this suit, physician-owned hospitals (POHs) challenge a recent amendment to the Medicare Act1 that limits their ability to bill for services to Medicare patients who were referred by a physician owner. According to the hospitals, the law—Section 6001 of the Patient Protection and Affordable Care Act (PPACA), Pub. L. No. 111-148, 124 Stat. 119...

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