District Court, D. Minnesota July 7, 2000, 99 CIV. 1831 DDA/FLN (Minnesota Ex Rel. Hatch v. United States)

ORDER

ALSOP, Senior District Judge.

The question presented in this case is whether the Medicare managed care payment formula set forth in the Balanced Budget Act (“BBA”) of 1997, Pub.L. No. 105-33, violates the Constitution. The Court holds that it does not and therefore will grant Defendants’ motion to dismiss.

I.

A.

Congress established Medicare in 1965 as part of the Social Security Act, 42 U.