Amicus Brief in Sebelius v. Auburn Regional Medical Center, No. 11-1231
University of California Hastings College of the Law
September 14, 2012
Sebelius v. Auburn Regional Medical Center, which the Court has set for argument this Term, presents the question whether the 180-day statutory time limit for filing an appeal with the Provider Reimbursement Review Board from a final Medicare payment determination made by a fiscal intermediary, 42 U.S.C. § 1395oo(a)(3), is subject to equitable tolling. In this amicus brief in support of neither party, I argue that the question should be answered without resolving whether the deadline is jurisdictional.
Number of Pages in PDF File: 9
Keywords: Sebelius, Auburn Regional, medicare, health care, equitable tolling, jurisdiction, jurisdictional, jurisdictionality
Date posted: September 15, 2012 ; Last revised: November 5, 2012