Legal Opinion
26 soc.sec.rep.ser. 3, Medicare&medicaid Gu 37,948 Texas Medical Association v. Louis W. Sullivan, M.D., Secretary of Health and Human Services
Court of Appeals for the Fifth Circuit
Decided July 27, 1989No. 87-1970PublishedCited by 13 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This case is an interlocutory appeal, 28 U.S.C. § 1292(a)(1), of a preliminary injunction prohibiting Blue Cross and Blue Shield of Texas (BCBST) and the Secretary of Health and Human Services (Secretary) from recovering alleged overpayments made to doctors and patients under the Medicare (Part B) program. 42 U.S.C. §§ 1395j-1395w. Since we conclude 42 U.S.C. § 1395ff precludes judicial review, we vacate the preliminary injunction and remand to dismiss the case for lack of subject matter jurisdiction.
Patient’s Medical History
BCBST is a private health insurance…
2Cases cited12 opinions
- Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
- Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
- Schweiker v. McClureSupreme Court of the United States · 1982
- United States v. Erika, Inc.Supreme Court of the United States · 1982
- Canal Authority of Florida v. CallawayCourt of Appeals for the Fifth Circuit · 1974
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- National Kidney Patients Association v. Louis W. Sullivan, M.D., Secretary, Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1992
- Anderson v. BowenCourt of Appeals for the Second Circuit · 1989
- Anderson v. BowenCourt of Appeals for the Second Circuit · 1989
- Bodimetric Health Services, Inc. v. Aetna Life & CasualtyCourt of Appeals for the Seventh Circuit · 1990
- Bodimetric Health Services, Inc. v. Aetna Life & CasualtyCourt of Appeals for the Seventh Circuit · 1990
8 more not listed; retrieve them via the Exa API.