Administrative Channeling Under the Medicare Act Clarified: Illinois Council, Section 405(h), and the Application of Congressional Intent
30 Pages Posted: 26 Jan 2012
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: 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
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