When Can the Government Issue a Retroactive Medicare Reimbursement Rule? A Preview of Bowen v. Georgetown University Hospital

Authors

Robert L. Schwartz, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

1-1-1988

Abstract

The only issue before the Court is whether the Secretary of Health and Human Services can issue a regulation with entirely retroactive effect governing Medicare reimbursement for healthcare providers. The Court must decide whether such a retroactive rule is permitted by the Administrative Procedures Act (the "APA"), which defines a rule as "an agency statement of either general or particular applicability and future effect," or by the Medicare statute, which authorizes the Secretary to issue regulations to provide for the reimbursement of the "reasonable costs" of hospitals providing Medicare services.

Publication Title

Preview of United States Supreme Court Cases

Volume

1989

First Page

38

Keywords

Medicare, Secretary of Health and Human Services, Reimbursement

Recommended Citation

Robert L. Schwartz, When Can the Government Issue a Retroactive Medicare Reimbursement Rule? A Preview of Bowen v. Georgetown University Hospital, 1989 Preview of United States Supreme Court Cases 38 (1988).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/183