UPDATE:  A couple other sites have also picked up on the attempt made by Leavitt...judge found ample reason to overturn the rushed through rule...violation of Congressional intent...when I see something like this at the high level of the administration I have to ask "why"....is this being treated like a "cat and mouse" game...and it appears somewhat juvenile in nature....especially when patient care is at stake...has Mr. Leavitt forgotten about morality and improving health care in the process of getting to the finish line first and furthermore it certainly doesn't show much respect for members of Congress...BD 

image  A federal district judge has slapped down a sneaky attempt by the Bush administration to impose an onerous Medicaid regulation despite the clear intent of Congress that it be deferred. Once again, the administration has been caught in a flagrant attempt to ignore the will of Congress and unilaterally chart its own path.

Meanwhile, the secretary of health and human services has unilaterally deferred implementation of two of the most controversial rules until Aug. 1 in an attempt to negotiate some compromises with Congress. That leaves the other five rules either in effect or vulnerable to enactment unless Congress moves quickly to impose a moratorium.

Editorial - End Runs on Medicaid - Editorial - NYTimes.com

http://www.news-medical.net/?id=38709

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