Reports have confirmed that the American College of Cardiology has taken up a legal battle against US Department of Health and Human Services Secretary Kathleen Sebelius, stressing that the adoption of the 2010 Medicare Physician Fee Schedule was "unlawful".

Through the complaint, the ACC is seeing an injunction that will prevent the proposed rate cuts, which the association has insisted used a "flawed" survey in order to determine the reimbursement cuts, in addition to ordering the HSS to undertake a fresh survey, which should be more accurate.

"The process by which Medicare determined the reimbursement rates was deeply flawed. s a result, the 2010 rule will levy cuts to cardiologist services by up to 40% and will deny critical cardiovascular care for millions of heart patients", said Jack Lewin, MD, CEO of the ACC.

Based on data collected through the Physician Practice Information Survey, the CMS had ordered 40% cuts in reimbursement for echocardiograms and cuts of 36% in nuclear imaging.

The lawsuit has been filed in the U. S. District Court for the Southern District of Florida. Co.