Administrative Law Keyed to Strauss
Bowen v. Michigan Academy of Family Physicians
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The Secretary contended that Section:1395ff(b), which authorized “appeal by individuals” impliedly foreclosed administrative or judicial review of Part B by failing to authorize such review while simultaneously authorizing administrative or judicial review of any determination under Part A. Second, the Secretary asserted that Section:1395ii, which made Section:405(h) of the Social Security Act (SSA) applicable to the Medicare program, expressly precluded review not otherwise provided in the statute. Both the District Court and the Court of Appeals rejected the Secretary’s contention of judicial preclusion.
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