United States Ninth Circuit

Court found unpublished local coverage determination criteria for Medicare health service coverage are not subject to the rule making requirements of the Administrative Procedures Act and the Medicare Act because they are interpretive rules.

Appellate Information

• Argued 05/10/2004
• Decided 06/10/2004
• Published 06/10/2004

Judges

• MICHAEL DALY HAWKINS, Circuit Judge., Before: O'SCANNLAIN, SILER, and HAWKINS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sally Hart,Arizona Center for Disability Law, Tucson, AZ, for the plaintiffs-appellants.


• For Appellees:
  
• Ori Lev, Civil Division, Department of Justice, Washington, DC, for the defendant-appellee.