United States v. 2012-03-14 | 10-56529 | PALOMAR MEDICAL CENTER V. KATHLEEN SEBELIUS | precedential |…

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 PALOMAR MEDICAL CENTER, No. 10-56529
Plaintiff-Appellant, D.C. No.
v. 3:09-cv-00605-
BEN-NLSKATHLEEN SEBELIUS, Secretary of  Southern District ofHealth and Human Services, California,Defendant-Appellee. San Diego
ORDER

Filed March 14, 2012
Before: Harry Pregerson, Ronald M. Gould, and
Richard C. Tallman, Circuit Judges.
ORDER
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 contrac-
tor’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?
2973

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Any person or entity wishing to file a brief as an amicus
curiae in response to this order is granted leave to do so pur-
suant 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.
2974 PALOMAR MEDICAL CENTER v. SEBELIUS

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