Frequently Asked Questions About the Lawsuit

Legal Action

In December 2009, the American College of Cardiology (ACC) took legal action against the U.S. Department of Health and Human Services (HHS) to challenge the 2010 Medicare Physician Fee Schedule. The lawsuit sought to protect patient access to cardiovascular care by contesting the methodology used to set reimbursement rates for cardiology services.

Below are answers to frequently asked questions about the lawsuit, its plaintiffs, and its implications for cardiologists and their patients.

Frequently Asked Questions About the Lawsuit

• What are the specifics of the lawsuit?

  The ACC filed a complaint, as well as motions for a preliminary injunction and expedited discovery, against Health and Human Services (HHS) Secretary Kathleen Sebelius, in U.S. District Court in Florida. The lawsuit sought a preliminary injunction against the use of the Physician Practice Information Survey (PPIS) in setting the 2010 Medicare Physician Fee Schedule rates. The ACC argued that HHS abused its discretion and acted arbitrarily and capriciously in adopting the fee schedule rule.

• Who are the plaintiffs in the lawsuit?

  The plaintiffs included the American College of Cardiology and other cardiology stakeholders who represented the interests of cardiovascular professionals and the patients they serve.

• What are the next steps?

  Following the filing, the court was expected to consider the motions for a preliminary injunction and expedited discovery. The ACC continued to pursue legislative and regulatory advocacy alongside the legal challenge.

• If we win, what will the impact be on cardiologists?

  A favorable ruling would have prevented HHS from using the PPIS data in the 2010 fee schedule, potentially reversing or mitigating the reimbursement cuts that threatened cardiology practices' ability to serve Medicare patients.

• Why did the College wait until now to file a lawsuit?

  The ACC pursued multiple avenues — legislative, regulatory, and legal — to address the Medicare cuts. The lawsuit was filed when it became clear that administrative and legislative remedies alone would not resolve the issue in time to prevent harm to patient access.

• If we lose, what then?

  The ACC remained committed to pursuing all available options, including continued legislative advocacy and regulatory engagement, to protect patient access to cardiovascular care regardless of the lawsuit's outcome.

• What are the implications of the lawsuit on ACC's legislative and regulatory efforts?

  The legal action complemented — rather than replaced — the ACC's broader advocacy strategy. The College continued to work with Congress and regulatory agencies to seek a permanent fix to the Medicare physician payment system while the lawsuit proceeded through the courts.