Legal Opinion

Bowen v. Georgetown University Hospital

Supreme Court of the United States

Decided December 12, 1988No. 87-1097PublishedCited by 1,947 opinions

1Opinion of the CourtJustice Kennedy

Under the Medicare program, health care providers are reimbursed by the Government for expenses incurred in providing medical services to Medicare beneficiaries. See Title XVIII of the Social Security Act, 79 Stat. 291, as amended, 42 U. S. C. § 1395 et seq. (the Medicare Act). Congress has *206authorized the Secretary of Health and Human Services to promulgate regulations setting limits on the levels of Medicare costs that will be reimbursed. The question presented here is whether the Secretary may exercise this rulemaking authority to promulgate cost limits that are retroactive.

I

The Secretary’s…

2Cases cited17 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
  3. Investment Company Institute v. CampSupreme Court of the United States · 1971
  4. Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1985
  5. Greene v. United StatesSupreme Court of the United States · 1964

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3Cited by1,947 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Bray v. Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2009
  5. Auer v. RobbinsSupreme Court of the United States · 1997

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