McClure v. Harris

OPINION

ORRICK, District Judge.

Three named plaintiffs bring this action on behalf of a class of Medicare beneficiaries challenging the constitutionality of the hearing procedures available under Part B of the Medicare program. 42 U.S.C. §§ 1395j-1395w, 1395ff. Defendants are Patricia Roberts Harris, Secretary of Health, Education and Welfare (“HEW”), and Blue Shield of California (“Blue Shield”), a private insurance carrier that administers Part B benefits under contract with HEW.

Plaintiffs claim that the statutory scheme, whereby the final determination of whether, or to what extent, Part B…