Legal Opinion
Erringer v. Thompson
Court of Appeals for the Ninth Circuit
Decided June 10, 2004No. 03-16408PublishedCited by 24 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge.
A class of Medicare beneficiaries (“the Beneficiaries”), whose claims for coverage of their health care services were denied based on Local Coverage Determinations (“LCDs”),1 challenge rules issued by the Secretary of Health and Human Services (the “Secretary”) which give criteria to contractors for adopting LCDs. The Beneficiaries contend that the criteria governing the LCDs are substantive rules required to be promulgated under either the notice and comment requirements of the Administrative Procedures Act (“APA”), 5 U.S.C.' § 553(b) and (c), or the…
2Cases cited10 opinions
- Shalala v. Guernsey Memorial HospitalSupreme Court of the United States · 1995
- Ellison v. RobertsonCourt of Appeals for the Ninth Circuit · 2004
- American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987
- Chamber of Commerce of the United States of America v. Occupational Safety and Health AdministrationCourt of Appeals for the D.C. Circuit · 1980
- Monmouth Medical Center v. ThompsonCourt of Appeals for the D.C. Circuit · 2001
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Estate of Landers Ex Rel. Landers v. LeavittCourt of Appeals for the Second Circuit · 2008
- Jeffrey M. Louis, Dpm v. U.S. Department of Labor, an Executive Department of the United StatesCourt of Appeals for the Ninth Circuit · 2005
- Citizens for Better Forestry v. U.S. Dept. of AgricultureDistrict Court, N.D. California · 2007
- Erringer v. ThompsonCourt of Appeals for the Ninth Circuit · 2004
- Palomar Medical Center v. Kathleen SebeliusCourt of Appeals for the Ninth Circuit · 2012
19 more not listed; retrieve them via the Exa API.