Administrative Channeling Under the Medicare Act Clarified: Illinois Council, Section 405(h), and the Application of Congressional Intent

30 Pages Posted: 26 Jan 2012

See all articles by John Aloysius Cogan Jr.

John Aloysius Cogan Jr.

University of Connecticut - School of Law

Rodney A. Johnson

affiliation not provided to SSRN

Date Written: 2000

Abstract

The language of the Medicare Act's judicial review provisions and Supreme Court cases construing such provisions, such as Illinois Council on Long Term Care v. Shalala, suggest that the availability of judicial review for claims "arising under" the Medicare Act is quite limited. The authors examine the history of the Medicare judicial review provisions and find that Congress' intent to limit judicial review is even more sweeping than reflected in the U.S. Code.

Keywords: Medicare, administrative channeling, Illinois Council, judicial review, jurisidictional bar

Suggested Citation

Cogan Jr., John Aloysius and Johnson, Rodney A., Administrative Channeling Under the Medicare Act Clarified: Illinois Council, Section 405(h), and the Application of Congressional Intent (2000). Annals of Health Law, Vol. 9, p. 125, 2000, Available at SSRN: https://ssrn.com/abstract=1991374

John Aloysius Cogan Jr. (Contact Author)

University of Connecticut - School of Law ( email )

65 Elizabeth Street
Hartford, CT 06105
United States

Rodney A. Johnson

affiliation not provided to SSRN ( email )

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