October 1999 Bulletin

Academy files amicus curiae on Medicare challenges

The American Academy of Orthopaedic Surgeons has filed an amicus curiae brief in a case to be heard by the U.S. Supreme Court on whether a petitioner must exhaust its administrative remedies before filing a federal challenge to Medicare regulation or payment methodology. The Academy is supporting a Seventh Circuit ruling in Illinois Council on Long-Term Care v. Shalala that courts have independent jurisdiction to hear challenges to Medicare regulations and policies involving payment methodologies without exhausting administrative procedures.

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