PALOMAR MEDICAL CENTER v. Sebelius

U.S. Court of Appeals for the Ninth Circuit
PALOMAR MEDICAL CENTER v. Sebelius, 672 F.3d 1152 (9th Cir. 2012)
2012 WL 833716; 2012 U.S. App. LEXIS 5329

PALOMAR MEDICAL CENTER v. Sebelius

Opinion

ORDER

The panel invites amicus briefs addressing the following questions:

(1) Do the regulations at 42 C.F.R. §§ 405.926(i) and 405.980(a)(5) bar administrative review of a contractor’s decision to reopen a Medicare claim, including the contractor’s compliance with the good cause standard for reopening set forth at 42 C.F.R. §§ 405.980(b)(2) and 405.986?
(2) If the regulations bar administrative review of a contractor’s decision to reopen, do federal courts have jurisdiction to enforce the agency’s compliance with the good cause standard for reopening?

Any person or entity wishing to file a brief as an amicus curiae in response to this order is granted leave to do so pursuant to Federal Rule of Appellate Procedure 29(a). Briefs responding to this order shall be filed within 30 days of the date of this order and shall not exceed 15 pages.

Reference

Full Case Name
PALOMAR MEDICAL CENTER, Plaintiff-Appellant, v. Kathleen SEBELIUS, Secretary of Southern Health and Human Services, Defendant-Appellee
Status
Published