§Why CasetextPricing

Knapp Medical Center et al v. Burwell

REPLY to opposition to motion re MOTION to Dismiss for Lack of Jurisdiction

22 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,040 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,600 times   30 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

  3. Bragdon v. Abbott

    524 U.S. 624 (1998)   Cited 1,645 times   5 Legal Analyses
    Holding that DOJ's administrative guidance on ADA compliance is entitled to deference

  4. King v. Burwell

    574 U.S. 988 (2015)   Cited 677 times   40 Legal Analyses
    Holding that Congress did not delegate health insurance policy to Internal Revenue Service

  5. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,751 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  6. United States v. Florida East Coast R. Co.

    410 U.S. 224 (1973)   Cited 319 times   1 Legal Analyses
    Holding that a statute's use of the word “hearing” did not “by its own force require [an agency] either to hear oral testimony, to permit cross-examination ..., or to hear oral argument”

  7. Comcast Corp. v. F.C.C

    526 F.3d 763 (D.C. Cir. 2008)   Cited 27 times
    Affirming denial of waiver in part because consistent application was necessary to preserve “providers' incentive” to comply with the policy

  8. U.S. v. Bowers

    432 F.3d 518 (3d Cir. 2005)   Cited 25 times   1 Legal Analyses
    Holding that possession of a firearm by a convicted felon is not a crime of violence for detention purposes

  9. Asiana Airlines v. Federal Aviation Administration

    134 F.3d 393 (D.C. Cir. 1998)   Cited 34 times   1 Legal Analyses
    Finding APA notice and comment requirements inapplicable because their application would render superfluous statutory language specifying rulemaking procedures agency was to follow

  10. Texas Alliance for Home Care Servs. v. Sebelius

    No. 11-5265 (D.C. Cir. Jun. 1, 2012)   Cited 16 times   1 Legal Analyses
    Discussing the genesis and evolution of the durable medical equipment competitive pricing program

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,518 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,097 times   24 Legal Analyses
    Granting judicial review of "agency action"

  13. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,098 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  14. Section 556 - Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision

    5 U.S.C. § 556   Cited 903 times   14 Legal Analyses
    Permitting agency decision based "on official notice of a material fact not appearing in the evidence in the record" provided that party is afforded, "on timely request, . . . an opportunity to show the contrary"

  15. Section 1395ww - Payments to hospitals for inpatient hospital services

    42 U.S.C. § 1395ww   Cited 608 times   35 Legal Analyses
    Providing for a wage-index adjustment

  16. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 419 times   134 Legal Analyses
    Approving of compensation rates that " do not exceed fair market value"

  17. Section 1395w-4 - Payment for physicians' services

    42 U.S.C. § 1395w-4   Cited 100 times   8 Legal Analyses
    Requiring that reimbursement rates for a given year be announced prior to November 1 of the preceding year

  18. Section 1395w-3 - Competitive acquisition of certain items and services

    42 U.S.C. § 1395w-3   Cited 28 times
    Requiring a limited area, first-round program in 2007

  19. Section 1315a - Center for Medicare and Medicaid Innovation

    42 U.S.C. § 1315a   Cited 6 times   16 Legal Analyses

    (a) Center for Medicare and Medicaid Innovation established (1) In general There is created within the Centers for Medicare & Medicaid Services a Center for Medicare and Medicaid Innovation (in this section referred to as the "CMI") to carry out the duties described in this section. The purpose of the CMI is to test innovative payment and service delivery models to reduce program expenditures under the applicable subchapters while preserving or enhancing the quality of care furnished to individuals