This case comes before the Court on the parties’ cross motions for Summary Judgment pursuant to Federal Rule of Procedure 56(c) and Local Rule 7(h). The plaintiff, American Chiropractic Association, Inc., (“ACA”) brought this action against the Secretary of Health and Human Services’ (the “Secretary”) alleging that the Secretary’s interpretation of §1861(r) of the “Medicare Act,” codified as 42 U.S.C. §1395x(r) (hereinafter “§1395x(r)”) is erroneous because it extends Medicare coverage to manual manipulations of the spine to correct a subluxation performed by medical doctors and osteopaths, as well as chiropractors.
ACA alleges that Chiropractors alone are eligible to provide this service and seeks to have funds allegedly misspent on the services of non-chiropractors designated for future payment of services rendered by chiropractors alone. Upon review of the parties’ motions for summary judgment, corresponding memoranda, oppositions and replies thereto, the administrative record, and the relevant law, the Court will deny the plaintiff’s motion and grant the defendant’s motion as to both of the remaining counts of the amended complaint.
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