Legal Opinion
Doctors Nursing & Rehabilitation Center v. Sebelius
Court of Appeals for the Seventh Circuit
Decided July 16, 2010No. 09-2226PublishedCited by 21 opinions
1Opinion of the Court
MANION, Circuit Judge.
After Doctors Nursing & Rehabilitation Center, a nursing home in Salem, Illinois, sued the Secretary of Heath and Human Services, claiming that Medicare underpaid it for certain services provided to Medicare beneficiaries, the agency decided to reopen its administrative proceedings and reconsider the nursing home’s claims. The district court dismissed the suit, reasoning that the agency’s reopening eliminated the prerequisite final decision and stripped the court of jurisdiction. Because we hold that the agency may not reopen its proceedings after judicial review begins…
2Cases cited16 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Grupo Dataflux v. Atlas Global Group, L. P.Supreme Court of the United States · 2004
- Shalala v. Illinois Council on Long Term Care, Inc.Supreme Court of the United States · 2000
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Center for Dermatology and Ski v. Sylvia Mathews BurwellCourt of Appeals for the Seventh Circuit · 2014
- Equal Rights Center v. Post Properties, Inc.Court of Appeals for the D.C. Circuit · 2011
- Kerrie Milligan-Grimstad v. Morgan StanleyCourt of Appeals for the Seventh Circuit · 2017
- United States v. Spectrum Brands, Inc.Court of Appeals for the Seventh Circuit · 2019
- Graczyk v. West Publishing Co.Court of Appeals for the Seventh Circuit · 2011
16 more not listed; retrieve them via the Exa API.