No. 18-1180

New Vision Home Health Care, Inc., et al. v. Anthem, Inc., et al.

Lower Court: Sixth Circuit
Docketed: 2019-03-12
Status: Denied
Type: Paid
Response Waived
Tags: 5th-circuit 6th-circuit administrative-law circuit-split collateral-claims due-process federal-jurisdiction mandamus-relief medicare-administrative-law-judge medicare-appeals-process medicare-contractors medicare-jurisdiction subject-matter-jurisdiction tort-claims
Key Terms:
AdministrativeLaw SocialSecurity DueProcess
Latest Conference: 2019-05-09
Question Presented (from Petition)

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.

Question Presented (AI Summary)

Whether federal courts have jurisdiction to enforce a Medicare Administrative Law Judge's order

Docket Entries

2019-05-13
Petition DENIED.
2019-04-17
DISTRIBUTED for Conference of 5/9/2019.
2019-03-15
Waiver of right of respondent UNITED STATES to respond filed.
2019-03-06
Petition for a writ of certiorari filed. (Response due April 11, 2019)

Attorneys

New Vision Home Health Care, Inc., et al.
George Felix Indest IIIThe Health Law Firm, Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent