Administrative channeling under the Medicare Act clarified: Illinois Council, section 405(h), and the application of congressional intent.
Mr. Cogan and Mr. Johnson discuss the judicial review provisions of the Medicare Act, codified at 42 U.S.C. section 405(g) and (h), and the Supreme Court cases including Illinois Council that interpret the scope of the "arising under" language. They also examine the history of section 205(h) of the Social Security Act, including the most recent amendment contained in the Deficit Reduction Act of 1984. The relationship between 205(h), DEFRA, and section 405(h) is explored as well as the caselaw addressing and applying section 405(h) in light of Congress' 1984 amendments.
Cogan
J A
JA
Office of the General Counsel, United States Department of Health and Human Services, Region III, Philadelphia, Pennsylvania, USA.
Johnson
R A
RA
D016361:Bankruptcy / Q000331:legislation & jurisprudence; D007087:Illinois; D007345:Insurance Claim Review / Q000331:legislation & jurisprudence*; D007349:Insurance, Health, Reimbursement / Q000331:legislation & jurisprudence*; D016365:Liability, Legal; D006278:Medicare / Q000331:legislation & jurisprudence*; D008824:Michigan; D012943:Social Security / Q000191:economics / Q000331:legislation & jurisprudence; D014481:United States; D014483:United States Dept. of Health and Human Services