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· 8/21/1991

Universal Health Services of McAllen, Inc. v. Sullivan

Citations

  • 770 F. Supp. 704
  • 1991 U.S. Dist. LEXIS 11602
  • 1991 WL 162995

How courts have described this case

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

  • explaining that Congress intended to grant Secretary power to establish substantive criteria for Board reclassification
  • explaining that the Medicare Act’s preclusion of review of the Secretary’s reclassification decisions did not bar judicial review of the validity of the Secretary’s guidelines
  • “The party seeking to read a legislative scheme to preclude review bears the burden of demonstrating Congress’ intent to do so.”
  • “The Court does not find that Act’s preclusion of individual reclassification determinations to imply a congressional intent to preclude review of the underlying guidelines.”
  • “The [Medicare] Act does not . . . expressly preclude judicial review of the guidelines utilized by the Board and the Secretary in deciding upon reclassification requests.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Flannery

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.