SmartBrief
Confirm favorite deletion?
Administrative Law Keyed to Popper
Bowen v. Georgetown University Hospital
Citation:
488 U.S. 204 (1988)Facts
Under the Medicare program, healthcare providers are reimbursed by the government for expenses incurred in providing medical services to Medicare beneficiaries. In 1981, the Secretary issued a cost-limit schedule that changed the method for calculating the “wage index,” excluding wages paid by Federal Government hospitals from the computation. After this rule was invalidated in 1983 for failing to follow proper notice and comment procedures under the APA, the Secretary settled with hospitals by applying the pre-1981 method. In 1984, the Secretary published a notice seeking public comment on a proposal to reissue the 1981 rule retroactively to July 1, 1981. After considering comments, the Secretary reissued the rule and recouped sums previously paid to the hospitals. The respondent hospitals, required to return over $2 million in reimbursement payments, challenged the retroactive rule as invalid under both the APA and 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.