New Vision Home Health Care, Inc., et al. v. Anthem, Inc., et al.
AdministrativeLaw SocialSecurity DueProcess
1. Whether a circuit split exists between the
Fifth and Sixth Circuits regarding whether federalcourts have jurisdiction to issue mandamus relief toenforce a Medicare Administ rative Law Judge's order.
2. Whether a circuit split exists between the
Fifth and Sixth Circuits regarding whether federalcourts have subject-matter jurisdiction over collateralclaims against Medicare Administrative Contractors.
3. Whether subjecting collateral due process
and tort claims against Me dicare contractors to the
channeling provisions of 42 U.S.C. 405(h) results in no
meaningful review of said collateral tort and dueprocess claims.
4. Whether the denial of oral argument by
the Sixth Circuit Court of Appeals denied Petitionerstheir due process rights under the United States andMichigan Constitutions.
5. Whether the United States Attorney's
appearance on behalf of Respondents without firstfiling with the District Court a statement of interest orformal request to intervene constituted reversibleerror.
Whether federal courts have jurisdiction to enforce a Medicare Administrative Law Judge's order