SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Aman
Bowen v. Georgetown University Hospital
Citation:
488 U.S. 204 (1988)Facts
In 1981, the Secretary of Health and Human Services issued a cost-limit schedule that changed the method for calculating the wage index used in Medicare reimbursements by excluding federal government hospitals from the computation. Various hospitals challenged this rule, and in 1983 a district court invalidated it for failure to comply with the APA’s notice and comment requirements. Instead of appealing, the Secretary settled the hospitals’ reimbursement reports using the pre-1981 method. In 1984, the Secretary sought public comment on a proposal to reissue the 1981 rule with retroactive effect to July 1, 1981. After finalizing this retroactive rule, the Secretary recouped over $2 million in reimbursement payments from the respondent hospitals. The hospitals challenged this retroactive rulemaking, arguing it was not authorized under either the APA or the Medicare Act.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.