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Dykema Gossett PLLC | USA | 7 Aug 2009

Court dismisses challenge to Stark provision affecting “under arrangement” transactions

Last fall, a group of physicians and three Colorado-based physician-owned companies that furnish cardiac catheterization services "under arrangement" to local hospitals filed a lawsuit in the United States District Court for the District of Columbia seeking to invalidate the "under arrangement" portion of the Stark regulations on the grounds that it is based on an impermissible interpretation of the Stark law and that CMS exceeded its statutory authority in enacting the new rule.

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