Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1, 25 (2000)

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Cite as: 529 U. S. 1 (2000)

Appendix to opinion of the Court

VI

For these reasons, this case cannot fit within Michigan Academy's exception. The bar of § 405(h) applies. The judgment of the Court of Appeals is

Reversed.

APPENDIX TO OPINION OF THE COURT

42 U. S. C. § 1395cc(h)(1) provides:

"(h) Dissatisfaction with determination of Secretary; appeal by institutions or agencies; single notice and hearing

"(1) Except as provided in paragraph (2), an institution or agency dissatisfied with a determination by the Secretary that it is not a provider of services or with a determination described in subsection (b)(2) of this section shall be entitled to a hearing thereon by the Secretary (after reasonable notice) to the same extent as is provided in section 405(b) of this title, and to judicial review of the Secretary's final decision after such hearing as is provided in section 405(g) of this title, except that, in so applying such sections and in applying section 405(l) of this title thereto, any reference therein to the Commissioner of Social Security or the Social Security Administration shall be considered a reference to the Secretary or the Department of Health and Human Services, respectively."

42 U. S. C. § 1395cc(b) provides, in relevant part:

"(b) Termination or nonrenewal of agreements

. . . . . "(2) The Secretary may refuse to enter into an agreement under this section or, upon such reasonable notice to the provider and the public as may be specified in regulations, may refuse to renew or may terminate such an agreement after the Secretary—

25

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