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Trial Date Set in Health Care Reform Challenge

Posted/updated on: October 1, 2010 at 2:36 am



TYLER — Tyler federal judge Michael Schneider sets a December 9 trial date for a case filed against the federal government by Texas Spine and Joint Hospital and Physician Hospitals of America. Plaintiffs’ attorney Scott Oostdyk says it will be a “provisional,” or bench, trial, with no jury. The plaintiffs are fighting the health care reform law provision limiting expansion rights for physician-owned, and partially physician-owned, hospitals. Along with claiming that it’s arbitrary and vague, they say the provision violates their due process and equal protection under the law. There’s at least one proceeding before the trial. Oostdyk says on October 8, briefs will be filed, and the judge will hear more briefing from the parties about the legal issues.



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