AAPS v. Weinberger

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In Association of American Physicians & Surgeons v. Weinberger (AAPS), 395 F. Supp. 125, 1975 U.S. Dist. LEXIS 12428 (N.D. Ill. 1975), aff'd sub nom., Association of American Physicians & Surgeons v. Mathews, 423 U.S. 975 (1975), a federal district court rejected a physicians' group's challenge to the federal "Professional Standards Review" Law (42 U.S.C. Section 1320c through Section 1320c-19). A three-judge court was convened in accordance with the provisions of 28 U.S.C. Sections 2282 and 2284 and the panel ruled in favor of the government's motion for summary judgment.

The case arose from the federal government assuming the position as the largest health insurer in the United States through the enactment of the medicare and medicaid programs (42 U.S.C. Sections 1395-1395pp and 42 U.S.C. Sections 1396-1396i respectively), and combating overutilization by enacting Section 249F of Title II of the 1972 Amendments to the Social Security Act, 42 U.S.C. Sections 1320c -- 1320c-19, entitled "Professional Standards Review." This law created a number of new organizations and some new limitations of liability.

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