A federal court in Florida has dismissed a lawsuit filed by the American College of Cardiology (ACC) over proposed Medicare cuts, ruling that it did not have authority to review Medicare payment decisions.
The ACC's complaint, filed last month against the U.S. Department of Health and Human Services (HHS), alleged that severe cuts in the 2010 Medicare Physician Fee Schedule will render the practice of cardiology "nonviable and unsustainable."
The suit was filed against Secretary Kathleen Sebelius in U.S. District Court for the Southern District of Florida, along with motions for a preliminary injunction and expedited discovery, according to the Washington, DC-based ACC.
The ACC said it had "exhausted all its regulatory and legislative options" to halt cuts in the 2010 Medicare Physician Fee Schedule, leaving it with no alternative but a lawsuit. Payment cuts as high as 40% are so severe that they "threaten access to patient care" and increase Medicare costs by forcing the wholesale selling of cardiology practices in the U.S. to hospitals, the group said.
While disappointed, the ACC said it will pursue legislative and administrative remedies.
Related Reading
ACC sues HHS over Medicare cuts, December 29, 2009
ACR to CMS: 2010 Physician Fee Schedule badly flawed, December 17, 2009
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