December 3, 2012, U.S. District Court - Chicago:
Kerry Hultquist, Lead Counsel at The Hultquist Law Firm, files a federal lawsuit in Chicago questioning the constitutionality of actions taken by the Secretary and Inspector General of the U.S. Department of Health & Human Services. For more detailed information, please read below.
Serving as lead counsel, with assistance from local counsel, Robert Pickrell, from law firm Holland & Knight's Chicago office, Kerry Hultquist filed a Complaint in U.S. District Court for the Northern District of Illinois on behalf of a Chicago physician naming the Secretary and Inspector General of the U.S. Department of Health & Human Services as defendants. The Complaint challenges the constitutionality of Section 1128 of the Social Security Act and the actions taken by the department's Secretary, Kathleen Sebelius, and its Inspector General.
In general terms, the Complaint alleges that the Secretary and Inspector General promulgated rules without adhering to the requirements of the Administrative Procedures Act, violated the Rehabilitation Act, and violated the 5th Amendment's Double Jeopardy and Equal Protection Clauses. This federal lawsuit follows roughly one year of administrative appeals that took place in the Civil Remedies Division and Departmental Appeals Board within the U.S. Department of Health & Human Services. For more information, please contact The Hultquist Law Firm. To view the Complaint, please click the link below. As the case progresses, we will post updates, as appropriate.