United States First Circuit
Puerto Rican Ass'n of Physical Med. and Rehab., Inc. v. US, 07-2476
In an action challenging a regulation restricting Medicare reimbursement for physical therapy services, dismissal of the case pursuant to statutory provisions that preclude all actions brought under section 1331 or 1346 of Title 28 to recover on any claims under the Medicare Act is affirmed as the United State Supreme Court has interpreted the 42 U.S.C. section 405 bar to mandate the "channeling" of virtually all legal attacks through the agency.
Appellate Information
- Decided 03/26/2008
- Published 03/26/2008
Judges
- BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and KEENAN, Senior District Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Rafael E. Silva-Almeyda with whom Silva-Almeyda Law Offices, René Arrillaga-Armendáriz and Arrillaga & Arrillaga were on brief for appellants.
- For Appellees:
- Marcus H. Christ, Jr., Office of the General Counsel, Department of Health and Human Services, with whom Daniel Meron, General Counsel, Carol Bennett, Acting Associate General Counsel, Jeffrey S. Bucholtz, Acting Assistant Attorney General, Rosa E. Rodríguez-Vélez, United States Attorney, and Barbara C. Biddle, Appellate Staff, Civil Division, Department of Justice, were on brief for appellees.