· 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 CourtListenerSourced 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.