Legal Opinion
Hopewell Nursing Home, Inc. v. Schweiker
Court of Appeals for the Fourth Circuit
Decided November 30, 1981No. 80-1846PublishedCited by 19 opinions
1Opinion of the Court
ERVIN, Circuit Judge:
In this appeal, the Secretary of the Department of Health and Human Services (the Secretary) seeks review of the district court’s assertion of subject matter jurisdiction under 28 U.S.C. § 1331 over an action brought by Hopewell Nursing Home challenging survey methods used in determining ranges of compensation under the provider reimbursement program of the Medicare Act, 42 U.S.C. § 1395 et seq.1 The Secretary’s jurisdictional challenge has two bases: first, that the language of section 205(h) of Title II of the Social Security Act, 42 U.S.C. § 405(h), precludes federal…
2Cases cited12 opinions
- Califano v. SandersSupreme Court of the United States · 1977
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Johnson v. RobisonSupreme Court of the United States · 1974
- Association of American Medical Colleges v. Joseph A. Califano, Jr., Secretary, Department of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1977
- Humana of South Carolina, Inc. v. CalifanoCourt of Appeals for the D.C. Circuit · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. California Care Corp.Court of Appeals for the Ninth Circuit · 1983
- United States Ex Rel. Rahman v. Oncology Associates, P.C.Court of Appeals for the Fourth Circuit · 1999
- Starnes v. SchweikerCourt of Appeals for the Fourth Circuit · 1983
- Hadley Memorial Hospital, Inc. v. SchweikerCourt of Appeals for the Tenth Circuit · 1982
- Arcadia Valley Hosp. v. BowenDistrict Court, E.D. Missouri · 1986
14 more not listed; retrieve them via the Exa API.