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 (AI Summary)

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

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a circuit split exists between the Fifth and Sixth Circuits regarding whether federal courts have jurisdiction to issue mandamus relief to enforce a Medicare Administrative Law Judge's order. 2. Whether a circuit split exists between the Fifth and Sixth Circuits regarding whether federal courts have subject-matter jurisdiction over collateral claims against Medicare Administrative Contractors. 3. Whether subjecting collateral due process and tort claims against Medicare contractors to the channeling provisions of 42 U.S.C. 405(h) results in no meaningful review of said collateral tort and due process claims. 4. Whether the denial of oral argument by the Sixth Circuit Court of Appeals denied Petitioners their due process rights under the United States and Michigan Constitutions. 5. Whether the United States Attorney's appearance on behalf of Respondents without first filing with the District Court a statement of interest or formal request to intervene constituted reversible error. i

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
George Felix Indest IIIThe Health Law Firm, Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent