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Cases in Lower Courts Addressing Issues Other Than the Individual Mandate: Association of American Physicians & Surgeons v. Sebelius


D.  Ass�n of Am. Physicians & Surgeons v. Sebelius, 1:10-CV-499 (D.D.C.)
         (This includes a challenge to the employer mandate and a number of issues that appear unrelated
         to ACA: (1) Challenge to the requirement that physicians participate in Medicare Part A to receive
         social security benefits; (2) challenge to the ACA employer mandate; (3) challenge to the ability of the federal government to promulgate or enforce standards for health insurance; (4) challenge to the U.S. Department of Health and Human Services (HHS) interim final rule requiring providers to have an HHS-approved enrollment or opt-out record in PECOS in order to refer to Medicare Part B; (5) enjoin HHS from requiring non-Medicare provider to enroll with Medicare, to appear in PECOS, or to obtain a NPI; (6) seeks to require HHS to submit an accounting on the solvency of Medicare and Social Security to the court).

         1.  Second amended complaint (filed 9/13/10; case on hold pending SCOTUS decision, the D.C. circuit�s resolution of the Hall case, or SCOTUS granting AAPS leave to intervene in Florida case).

         2.  Briefs on motion to dismiss

             a. Sebelius, et al. motion to dismiss (filed 11/22/10).

             b. AAPS opposition to motion to dismiss (filed 1/10/11).

             c. Sebelius, et al. reply brief (filed 2/14/11).

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