Cite as: 529 U. S. 1 (2000)
Opinion of the Court
Kimball R. Anderson argued the cause for respondent. With him on the brief were Charles P. Sheets, Bruce R. Braun, and Brian E. Neuffer.*
Justice Breyer delivered the opinion of the Court. The question before us is one of jurisdiction. An association of nursing homes sued, inter alios, the Secretary of Health and Human Services (HHS) and another federal party (hereinafter Secretary) in Federal District Court claiming that certain Medicare-related regulations violated various statutes and the Constitution. The association invoked the court's federal-question jurisdiction, 28 U. S. C. § 1331. The District Court dismissed the suit on the ground that it lacked jurisdiction. It believed that a set of special statutory provisions creates a separate, virtually exclusive, system of administrative and judicial review for denials of Medicare claims; and it held that one of those provisions explicitly barred a § 1331 suit. See 42 U. S. C. § 1395ii (incorporating into the Medicare Act 42 U. S. C. § 405(h), which provides that "[n]o action . . . to recover on any claim" arising under the Medicare laws shall be "brought under section 1331 . . . of title 28"). The Court of Appeals, however, reversed.
We conclude that the statutory provision at issue, § 405(h), as incorporated by § 1395ii, bars federal-question jurisdiction here. The association or its members must proceed instead through the special review channel that the Medicare statutes create. See 42 U. S. C. §§ 1395cc(h), (b)(2)(A), 1395ii; §§ 405(b), (g), (h).
*Briefs of amici curiae urging affirmance were filed for the American Association of Homes and Services for the Aging by Mark H. Gallant; for the American Health Care Association et al. by Thomas C. Fox and Harvey M. Tettlebaum; for the American Hospital Association by Charles G. Curtis, Jr., and Edward J. Green; and for the American Medical Association et al. by Paul M. Smith, Robert M. Portman, Michael L. Ile, Leonard A. Nelson, Richard N. Peterson, Ann E. Allen, Stuart M. Gerson, Saul J. Morse, and Robert J. Kane.
5
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007