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Administrative Law Keyed to Asimow
Bowen v. Michigan Academy of Family Physicians
Citation:
476 U.S. 667 (1986)Facts
The Michigan Academy of Family Physicians and several individual doctors filed a lawsuit challenging the validity of a Medicare regulation (42 CFR § 405.504(b)) that authorized payment of different amounts for similar physicians’ services based on their classification. The regulation segregated allopathic family physicians who were not board-certified from other physicians, grouping them with chiropractors, dentists, and podiatrists for Medicare reimbursement purposes. Both the District Court and Court of Appeals found the regulation inconsistent with the Medicare statute. The Secretary did not seek review of the merits decision invalidating the regulation but instead argued that Congress had barred judicial review of all questions affecting the amount of benefits payable under Part B of the Medicare program through 42 U.S.C. § 1395ff and § 1395ii.
#Issue:
Did Congress, through either § 1395ff or § 1395ii of Title 42 of the United States Code, bar judicial review of regulations promulgated under Part B of the Medicare program?
#Holding:
No, Congress did not intend to bar judicial review of challenges to the validity of regulations promulgated under Part B of the Medicare program, as opposed to individual determinations of the amount of benefits in particular cases.
#Concurring Opinions:
N/A
#Dissenting Opinions:
N/A
#Reasoning and Analysis (Stevens):
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