Research article summary (published 30 Dec 1999):

Administrative channeling under the Medicare Act clarified: Illinois Council, section 405(h), and the application of congressional intent.

Full Abstract

Mr. Cogan and Mr. Johnson discuss the judicial review provisions of the Medicare Act, codified at 42 U.S.C. section 405(g) and (h), and the Supreme Court cases including Illinois Council that interpret the scope of the "arising under" language. They also examine the history of section 205(h) of the Social Security Act, including the most recent amendment contained in the Deficit Reduction Act of 1984. The relationship between 205(h), DEFRA, and section 405(h) is explored as well as the caselaw addressing and applying section 405(h) in light of Congress' 1984 amendments.

Author information

Author/s: Cogan, J A (JA); Johnson, R A (RA);

Affiliation: Office of the General Counsel, United States Department of Health and Human Services, Region III, Philadelphia, Pennsylvania, USA.

Journal and publication information

Publication Type: Evaluation Studies; Journal Article; Legal Cases

Journal: Annals of health law / Loyola University Chicago, School of Law, Institute for Health Law (Ann Health Law), published in United States. (Language: eng)

Reference: 2000-; vol 9 (issue ) : pp 125-54, inside cover

Dates: Created 2001/06/29; Completed 2001/07/19;

PMID: 11430218, status: MEDLINE (last retrieval date: 2/18/2009, IMS Date: 18 Feb 2009 00:00:00)

Sourced from the National Library of Medicine. Abstract text and other information may be subject to copyright.

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MeSH headings (categories)

This article was linked to the MESH Headings shown below.

Bankruptcy - legislation & jurisprudence Illinois Insurance Claim Review - legislation & jurisprudence Insurance, Health, Reimbursement - legislation & jurisprudence Liability, Legal

Medicare - legislation & jurisprudence Michigan Social Security - economics; legislation & jurisprudence United States United States Dept. of Health and Human Services

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