[I worked for at the time did this and ranked the menu plans based on performance of doctors etc. They got their @$$es sued off and had to get a whole new booklet and plan and we had to do all that picking crap all over again within 6 months and this story made the WSJ.]
Because of HIPPA restrictions doctors are limited in the remedies they have to defend their reputations. As a result, most states recognize that doctors are uniquely vulnerable to questionable attacks on their reputations. I think a class action suit from doctors might challenge this portion of the law.
After what happened a week and 1/2 ago with the Supreme's and their 4 rulings, what 10th amendment? What State Suit? We are so lawless, please tell me I am too cynical...