Judge refuses to hear ACC suit against HHS

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The preliminary injunction and expedited discovery motions, related to the American College of Cardiology’s (ACC) recent suit against the Department of Health and Human Services over the Medicare 2010 Payment Rule, was dismissed from court Tuesday, according to a letter ACC CEO Jack Lewin, MD, sent to members.

Judge William Dimitrouleas of the U.S. District Court Southern District of Florida denied ACC’s motions. “Basically, he refused to hear our case,” said Lewin.

The college said that they are “deeply disappointed in the judge’s decision not to hear our case based on his opinion that the federal courts do not have jurisdiction to review Medicare physician payment determinations.”

Lewin continued to tout the merits of the college’s “well-documented” case, adding that the practice expense data used to determine this rule was “inaccurate and incomplete,” and the rule will negatively impact patient access to cardiovascular care.

He also expressed concern over the legal precedent set by the judge’s decision. “What is deeply troubling about today’s ruling is that it sets the precedent that CMS has complete and unchecked control over physician reimbursement for patient care even where its determinations are based on faulty data,” Lewin wrote.

ACC said that it remains “hopeful that Congress will get the message that these cuts represent bad public policy.”