COUNCIL FOR UROLOGICAL INTERESTS v. SEBELIUS

No. 11-5030.

668 F.3d 704 (2011)

COUNCIL FOR UROLOGICAL INTERESTS, Appellant v. Kathleen SEBELIUS, in her official capacity as Secretary of the Department of Health and Human Services, and United States of America, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2011.


Attorney(s) appearing for the Case

Elizabeth Petrela Papez argued the cause for appellant. With her on the briefs were Thomas L. Mills and Michael T. Morley.

Jeffrey Clair , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Tony West , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Michael S. Raab , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

Although the Medicare Act provides for judicial review of reimbursement decisions, it requires that claimants first exhaust their administrative remedies. In Shalala v. Illinois Council on Long Term Care, Inc., the Supreme Court recognized an exception to this requirement for cases where its application "would not lead to a channeling of review through the agency, but would mean no review at all." 529 U.S. 1

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases