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Title: Friedrich v. Secretary of Health and Human Services
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 25, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 77 KB

Description

This case concerns a claimants right to reimbursement under Part B of the Medicare Act, 42 U.S.C. ? 1395 et seq. (1982), for a medical procedure that the Secretary of Health and Human Services (the Secretary) has found not to be "reasonable and necessary for the diagnosis or treatment" of the claimants particular illness. 42 U.S.C. ? 1395y(a)(1). The appeal presents two questions for decision: (1) Whether a "national coverage determination" by the Secretary is invalid if promulgated without compliance with the notice and comment requirements of the Administrative Procedure Act (APA), 5 U.S.C. ? 551 et seq. (1982); and (2) whether a hearing before an officer who is bound by such a determination violates due process.