National Association for Home Care & Hospice, Inc. v. Sebelius

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• excusing exhaustion requirement on futility grounds because plaintiff’s “statutory claim—that the Secretary exceeded her authority under the [Affordable Care Act] in promulgating [a rule]—[was] a purely legal challenge to the agency’s established interpretation of the Medicare Act”
• excusing exhaustion requirement on futility grounds because plaintiff's \statutory claim-that the Secretary exceeded her authority under the [Affordable Care Act] in promulgating [a rule]-[was] a purely legal challenge to the agency's established interpretation of the Medicare Act\
• “Futility may serve as a ground for excusing exhaustion, either on its own or in conjunction with the other factors . . . .”
• presentment not satisfied by plaintiffs’ “comments to the agency and . . . meeting with agency officials to voice disagreement with [a particular] rule”
• conducting § 405(g) collateral analysis after Illinois Council

Source: CourtListener parenthetical corpus (CC0).