Thursday, March 15, 2012

Palomar Medical Center v. Sebelius (9th Cir. - March 14, 2012)

Look, I'll do my part.  I'll publicize the thing.  I'll tell people the Ninth Circuit wants their input.  I'll tell people it's a neat little way to affect the world.  I'll convince people that they can turn their amicus brief into a law review article.

But there's only so much you can do when this is what the panel wants (and needs):
"The panel invites amicus briefs addressing the following questions:
(1) Do the regulations at 42 C.F.R. §§ 405.926(l) and 405.980(a)(5) bar administrative review of a contractor’s decision to reopen a Medicare claim, including the contractor’s compliance with the good cause
standard for reopening set forth at 42 C.F.R. §§ 405.980(b)(2) and 405.986?
(2) If the regulations bar administrative review of a contractor’s decision to reopen, do federal courts have jurisdiction to enforce the agency’s compliance with the good cause standard for reopening?"
Wow.  Sure, I know some law geeks.  I even know some administrative law geeks.  But I'm not sure even I know someone wonky enough to want to submit something on this topic.

But if you are that wonk:  More power to you.  Here you go:  "Any person or entity wishing to file a brief as an amicus curiae in response to this order is granted leave to do so pursuant to Federal Rule of Appellate Procedure 29(a). Briefs responding to this order shall be filed within 30 days of the date of this order and shall not exceed 15 pages."

Party on.