Wednesday, November 13, 2013

Shalala v. Illinois Council on Long Term Care, Inc. case brief

Shalala v. Illinois Council on Long Term Care, Inc. case brief summary
529 U.S. 1 (2000)

Petitioner secretary of federal department challenged judgment of Seventh Circuit Court of Appeals, which reversed lower court's decision dismissing respondent nursing home association's suit challenging certain Medicare-related regulations.


The trial court dismissed respondent nursing home association's action challenging certain Medicare-related regulations on the ground that it lacked jurisdiction. The lower court reversed that decision and petitioner secretary of federal department filed a petition for writ of certiorari.


  • The court concluded that the trial court correctly dismissed respondent's action because 42 U.S.C.S. § 405(h), as incorporated by 42 U.S.C.S. § 1395ii, barred federal question jurisdiction over actions brought pursuant to 28 U.S.C.S. § 1331. 
  • Respondent did not fall within the exception to that bar because respondent could proceed through the special review channel created by the Medicare statutes. 
  • Thus, applying the channeling provision of42 U.S.C.S. § 1395ii to the portion of the Medicare statute and Medicare regulations respondent sought to challenge did not amount to the practical equivalent of a total denial of judicial review. 
  • The judgment was reversed.


Judgment reversed because judicial review provision of Social Security Act applied to Medicare statutes and barred federal jurisdiction over respondent's action; respondent was required to proceed through special review channel created by Medicare statutes.

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