American Journal of Law & Medicine

Supreme Court: challenges to the validity of Medicare regulations are to be made through special review channel created by Medicare statutes - Shalala v. Illinois Council on Long Term Care, Inc.

Supreme Court: Challenges to the Validity of Medicare Regulations Are to be Made Through Special Review Channel Created By Medicare Statutes--Shalala v. Illinois Council on Long Term Care, Inc.(1)--The Supreme Court of the United States, reversing the Seventh Circuit Court of Appeals, held that claims against the Secretary of Health and Human Services (HHS) alleging violations against Medicare, first had to be brought through a special review channel developed by Medicare statutes.(2) Only then could the association seek judicial review if they were not satisfied with the Secretary's final decision after the initial hearing.

The Illinois Council on Long Term Care (Council), an association of nursing homes, sued the Secretary of HHS challenging the validity of the Medicare regulations which impose sanctions or remedies on nursing homes that violate certain standards. …

Log in to your account to read this article – and millions more.