34
Thomas, J., dissenting
for the determination of benefit amounts to be made by a private insurance carrier designated by the Secretary, and authorized de novo review of the initial determination by another officer designated by the carrier. Id., at 203 (citing 42 U. S. C. § 1395u (1982 ed.)). But the statutory scheme did not mention the possibility of judicial review of Part B benefit amount determinations, much less review by the Secretary. By contrast, the statute did expressly provide for administrative review by the Secretary and judicial review in two instances: disputes concerning the claimant's eligibility for benefits under Part A or Part B, and disputes over benefit amount determinations under Part A. 456 U. S., at 207 (citing 42 U. S. C. § 1395ff (1982 ed.)). We found this contrast illuminating: "In the context of the statute's precisely drawn provisions, this omission provides persuasive evidence that Congress deliberately intended to foreclose further review of [Part B benefit amount determinations]." 456 U. S., at 208.3 The inference was strong enough that we had no need to discuss the Government's alternative contention that § 405(h) expressly precluded a claim under general jurisdictional provisions. See id., at 206, n. 6. We therefore had no occasion to decide whether § 1395ii even incorporates § 405(h) into the Medicare Act. (So too in Weinberger v. Salfi, 422 U. S. 749 (1975), we did not need to interpret § 1395ii, but for a different and more obvious reason: Salfi was a Social Security case, not a Medicare case, so § 405(h) was directly applicable.)
claims are routinely assigned to providers of services, who then seek reimbursement.
3 Our decision in Erika illustrates the longstanding principle that a statute whose provisions are finely wrought may support the preclusion of judicial review, even though that preclusion is only by negative implication. See, e. g., United States v. Fausto, 484 U. S. 439, 452 (1988); Block v. Community Nutrition Institute, 467 U. S. 340, 351 (1984); Switchmen v. National Mediation Bd., 320 U. S. 297, 305-306 (1943).
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