Opinion No. Oag 72-76, (1976)

How courts have described this case

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

• observing that yet another CMS Manual merely set forth enforcement priorities and was not binding in agency adjudica‐ tions
• holding “to the extent that, and in whatever form the APA’s procedural rulemaking requirements bind HHS,” they did not require notice-and-comment
• “the [Medicare Claims Processing Manual] instructions bind neither CMS nor the Board in adjudications”
• “[T]he Medicare Act does not permit courts to revisit the Board’s decision to grant expedited judicial review, or to question the Board’s determination that it lacked authority over a question or claim.”
• “Either the Board granted expedited review over the question presented, or it failed to decide [the plaintiff’s] request for expedited judicial review of the question within thirty days. In either event, [the plaintiff] had a right to seek review in the District Court[.]”
• CMS Manual “instructions are a general statement of policy”

Source: CourtListener parenthetical corpus (CC0).