A U.S. District Court judge in Fort Lauderdale, Fla., has denied the
American College of Cardiology's request for a preliminary injunction to block a scheduled Medicare reimbursement cut for cardiology services.
The ACC, its Florida chapter and other cardiology organizations
filed a lawsuit against HHS Secretary Kathleen Sebelius on Dec. 28, seeking to stop the pay cut on the grounds that is based on the “erroneous and flawed” Physician Practice Information Survey. The ACC said Medicare payment cuts for 37,000 cardiologists are being based on the practice expenses of 55 doctors.
In addition to denying the injunction, Judge William Dimitrouleas denied a request for expedited discovery and canceled a scheduled hearing.
“We are deeply disappointed in the judge's decision not to hear our case on the preliminary injunction based on his opinion that the federal courts do not have jurisdiction to review Medicare physician payment determinations,” ACC CEO Jack Lewin said in a news release. “Ironically, this rule will increase Medicare costs by shifting cardiologists and their patients to more expensive hospital settings. These cuts are a perverse ‘reward' for the amazing work cardiologists have done over the past decade in reducing heart disease deaths by 30%.”
Lewin added that the ACC will seek legislative action.
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