shalala secretary health human services et al illinois council long term care argued november decided february medicare act special review provisions nursing home dissatisfied determination described subsection entitled hearing extent provided social security act judicial review secretary final decision hearing provided section emphasis added subsection gives petitioner secretary health human services hhs power terminate provider agreement home example determines home failed comply substantially statute regulations describes administrative hearing dissatisfied home entitled provides home may obtain federal district review secretary final decision made hearing section provision social security act incorporated medicare act provides action recover claim arising medicare laws shall brought channels medicare claims special review system respondent illinois council long term care council association nursing homes rely provisions filed suit inter alios petitioners hereinafter secretary challenging validity medicare regulations impose sanctions remedies nursing homes violate certain substantive standards rather invoked jurisdiction dismissing lack jurisdiction federal district found interpreted weinberger salfi heckler ringer barred suit seventh circuit reversed holding bowen michigan academy family physicians significantly modified earlier case law held section incorporated bars jurisdiction pp section purports make exclusive judicial review method recover claim arising language plainly bars review individual challenges legal ground agency denial monetary benefit social security medicare acts question whether anticipatory challenge lawfulness policy regulation statute might later bar recovery authorize imposition penalty also action recover claim arising acts pp take account michigan academy interpreted salfi ringer clearly bar lawsuit found latter cases applies standing substantive basis presentation claim social security act salfi supra medicare act ringer mathews eldridge supports council effort distinguish salfi ringer approval suit immigration naturalization service mcnary rested different language immigration statute eldridge case respondent complied disregarded social security act special review procedures specifically nonwaivable nonexcusable requirement individual present claim agency raising upshot council argument must rest primarily upon michigan academy pp michigan academy contrary appeals holding modify earlier holdings limiting scope incorporated amount determinations case involved lawfulness hhs regulations governing procedures used calculate medicare part benefits medicare statute existed provide review decisions ruled silence foreclose review response argument barred review declined pass abstract meaning section made applicable medicare act extent applicable social security act virtue interpreted phrase foreclose application application preclude judicial review rather channeling agency limited appeals michigan academy overturned dramatically limited earlier precedents salfi ringer created hardly justifiable distinction amount determinations many similar hhs determinations normally overturn dramatically limit earlier authority sub silentio pp council argument falls within michigan academy exception obtain review unless obtain review unconvincing argues review available secretary terminates home provider agreement brief regulations secretary offers legally permissible interpretation statute permits dissatisfied nursing home administrative hearing determination failed comply substantially statute agreements regulations whether termination remedy imposed see chevron natural resources defense council secretary also denies engages practice forces home submit corrective plan sacrifice appeal rights order avoid termination penalizes severely home chooses appeal council offers convincing reason doubt description agency practice need decide whether practice forced homes abandon legitimate challenges amount practical equivalent total denial judicial review council argues regulations unlawfully limit extent agency provide administrative review channel leading judicial review members remain free following special review route contest lawfulness relevant regulation statute true even agency resolve particular contention action arising medicare act must channeled agency council finally argues association speaking behalf injured members standing take advantage special review channel however members rights review stake statutes creating special review channel adequately protect rights pp reversed breyer delivered opinion rehnquist souter ginsburg joined stevens scalia filed dissenting opinions thomas filed dissenting opinion stevens kennedy joined scalia joined except part iii donna shalala secretary health human services et petitioners illinois council long term care writ certiorari appeals seventh circuit february justice breyer delivered opinion question us one jurisdiction association nursing homes sued inter alios secretary health human services hhs another federal party hereinafter secretary federal district claiming certain regulations violated various statutes constitution association invoked jurisdiction district dismissed suit ground lacked jurisdiction believed set special statutory provisions creates separate virtually exclusive system administrative judicial review denials medicare claims held one provisions explicitly barred suit see incorporating medicare act provides action recover claim arising medicare laws shall brought section title appeals however reversed conclude statutory provision issue incorporated bars jurisdiction association members must proceed instead special review channel medicare statutes create see begin describing regulations association lawsuit attacks medicare act part provides payment nursing homes provide care medicare beneficiaries stay hospital receive payment home must enter provider agreement secretary hhs must comply numerous statutory regulatory requirements state federal agencies enforce requirements inspections inspectors report violations called deficiencies deficiencies lead imposition sanctions remedies see generally regulations issue focus imposition sanctions remedies promulgated fed reg pursuant law tightened substantive standards medicare medicaid imposed upon nursing homes significantly broadened secretary authority impose remedies upon violators omnibus budget reconciliation act stat codified amended ed supp iii remedial regulations related manual effect tell agencies impose remedies inspectors find nursing home violated substantive standards divide nursing home deficiencies three categories seriousness depending upon deficiency severity prevalence home relation deficiencies home compliance history within category list set remedies agency may must impose example deficiencies immediately jeopardize health safety residents secretary must terminate home provider agreement appoint new temporary management deficiencies less serious secretary may impose lesser remedies civil penalties transfer residents denial payment state monitoring like nursing home though deficient respects ubstantial compliance deficiencies create potential causing minimal harm secretary impose sanction remedy see generally cfr et seq app manual statute regulations also create various review procedures cfr et seq cfr pt association complaint filed federal district attacked regulations unlawful four basic ways view certain terms substantial compliance minimal harm unconstitutionally vague regulations manual particularly implemented violate statutory requirements seeking enforcement consistency exceed legislative mandate medicare act regulations create administrative procedures inconsistent federal constitution due process clause manual agency publications create legislative rules promulgated consistent administrative procedure act demands notice comment statement basis purpose see app amended complaint next describe two competing jurisdictional routes association arguably might seek mount legal attack route followed jurisdiction set forth simply district courts shall original jurisdiction civil actions arising constitution laws treaties route follow special medicare review route set forth complex set statutory provisions must read together see appendix infra medicare act says home dissatisfied determination described subsection shall entitled hearing extent provided social security act judicial review secretary final decision hearing provided section emphasis added subsection gives secretary power terminate agreement example secretary determined provider fails comply substantially provisions medicare act regulations thereunder emphasis added describes nature administrative hearing medicare act entitles home dissatisfied secretary determination provides dissatisfied home may obtain judicial review federal district final decision secretary made hearing separate statutes provide administrative judicial review civil monetary penalty assessments ii related social security act provision channels medicare claims special review system says finality secretary decision findings decision secretary hearing shall binding upon individuals parties hearing findings fact decision secretary shall reviewed person tribunal governmental agency except herein provided action secretary officer employee thereof shall brought section federal defendant jurisdiction title recover claim arising subchapter emphasis added title makes applicable medicare act extent applies social security act case us began illinois council long term care council association illinois nursing homes participating medicare medicaid program filed complaint described supra federal district medicaid issue district said dismissed complaint lack jurisdiction nd mar app pet cert relied upon interpreted weinberger salfi heckler ringer app pet cert appeals reversed dismissal view later case bowen michigan academy family physicians significantly modified earlier case law circuits understood michigan academy differently see michigan assn homes servs aging shalala american academy dermatology hhs francis medical center shalala cert denied farkas blue cross blue shield abbey sullivan national kidney patients assn sullivan cadc cert denied granted certiorari resolve differences ii section purports make exclusive judicial review method set forth second sentence says findings fact decision secretary shall reviewed person tribunal governmental agency except herein provided third sentence directly issue says action secretary officer employee thereof shall brought section title recover claim arising subchapter emphasis added scope italicized language recover claim arising social security incorporated medicare act read alone uncertain words clearly apply typical social security medicare benefits case individual seeks monetary benefit agency say disability payment payment medical procedure agency denies benefit individual challenges lawfulness denial statute plainly bars review case irrespective whether individual challenges agency denial evidentiary statutory constitutional legal grounds statute bar apply one might later seek money benefit contest imposition penalty agency challenges advance action lawfulness policy regulation statute might later bar recovery benefit authorize imposition penalty suppose group individuals needing advance knowledge planning purposes together bring action challenging rule regulation general legal grounds action one recover claim arising social security medicare acts effect question us iii answering question temporarily put case appeals relied michigan academy supra side take account case interpreted earlier cases weinberger salfi supra heckler ringer supra clearly bar lawsuit salfi mother daughter filing behalf class individuals brought action challenging constitutionality statutory provision valid deny social security benefits see imposing social security eligibility requirement surviving wives stepchildren deceased wage earners mother daughter appeared agency completed processes class presumably included appeared agency complaint say held barred jurisdiction members class social security act provides standing substantive basis presentation th constitutional contentions salfi supra added bar applies irrespective whether resort judicial processes necessitated discretionary decisions secretary nondiscretionary application allegedly unconstitutional statutory restrictions also pointed bar preclude constitutional challenges simply require brought jurisdictional grants conformity standards applicable nonconstitutional claims arising act ibid concede also pointed certain special features case present plaintiff class asked relief included direction secretary pay social security benefits entitled challenged provision see thought fact helped make clear action arose act whose benefits sought ibid later case ringer reached similar result despite absence request relief see ringer four individuals brought action challenging lawfulness statutes constitution agency determination provide medicare part reimbursement undergone particular medical operation held barred jurisdiction action even though challenge part agency procedures relief requested amounted simply declaration invalidity order requiring payment one plaintiff yet valid claim reimbursement even undergone operation likely never unless set aside unlawful challenged agency reimbursement determination see reiterated applies standing substantive basis presentation claim medicare act quoting salfi internal quotation marks omitted adding claim future benefits claim califano sanders interpreted bar reaches beyond ordinary administrative law principles ripeness exhaustion administrative remedies see salfi supra doctrines event normally require channeling legal challenge agency see abbott laboratories gardner ripeness mckart exhaustion indeed case seventh circuit held several respondent claims ripe remanded ripeness review remainder doctrines ripeness exhaustion contain exceptions however exceptions permit early review example legal question fit resolution delay means hardship see abbott laboratories supra exhaustion prove futile see mccarthy madigan mckart supra sometimes congress expressly authorizes review though see toxic substances control act insofar prevents application ripeness exhaustion exceptions insofar demands channeling virtually legal attacks agency assures agency greater opportunity apply interpret revise policies regulations statutes without possibly premature interference different individual courts applying ripeness exhaustion exceptions case case assurance comes price namely occasional individual hardship context massive complex health safety program medicare embodied hundreds pages statutes thousands pages often interrelated regulations may become subject legal challenge several different courts paying price may seem justified event judgment congress understood salfi ringer see ringer salfi supra despite urging council supporting amici distinguish salfi ringer case us cases foreclose distinctions based upon potential future versus actual present nature claim general legal versus nature challenge collateral versus nature issues declaratory versus injunctive nature relief sought accept distinction limits scope claims monetary benefits claims money claims benefits claims program eligibility claims contest sanction remedy may similarly rest upon individual circumstances may similarly dispute agency policy determinations may similarly involve application interpretation constitutionality interrelated regulations statutory provisions reason distinguish among terms language terms purposes section blanket incorporation provision medicare act whole certainly contains distinction similar reasons limit provisions claims involve amounts council cites two cases support efforts distinguish salfi ringer mcnary haitian refugee center mathews eldridge haitian refugee center held permissible challenge group decisions practice procedure employed making decisions despite immigration statute barred challenges immigration naturalization service determination respecting application adjustment special agricultural workers program haitian refugee center outcome however turned different language different statute indeed suggested statutory language similar language issue claim arising medicare social security acts led different legal conclusion see using example statute precluding review causes arising immigration statutes eldridge held permissible district lawsuit challenging constitutionality agency procedures authorizing termination social security disability payments without pretermination hearing see eldridge however case found respondent followed special review procedures set forth thereby complying rather disregarding strictures see holding jurisdiction available characterized constitutional issue respondent raised collateral claim benefits basis requiring agency excuse agency see salfi procedural steps set forth noting eldridge factors mechanically applied nonetheless held contains nonwaivable nonexcusable requirement individual present claim agency raising see ringer supra eldridge supra salfi supra council done thus establish jurisdiction upshot without michigan academy council win argument must rest primarily upon case iv appeals held michigan academy modified earlier holdings limiting scope therefore amount determinations agree michigan academy involved suit challenging lawfulness hhs regulations governed procedures used calculate benefits medicare part part provides voluntary supplementary medical insurance doctors fees see michigan academy medicare statute existed provided limited review part decisions allowed equivalent review eligibility determinations see required private insurance carriers administering part program provide fair hearing disputes part amount determinations michigan academy first discussed statute total silence review challenges mounted method amounts determined held silence meant although review available silence foreclose forms review say review action brought see cf erika supra holding medicare part statute explicit reference carrier hearings amount disputes foreclose agency review amount determinations asked whether barred review challenges methodology noting secretary argument barred review challenges arising medicare act respondents barred challenges methods review available see michigan academy wrote whichever may better reading salfi ringer need pass meaning abstract resolve case section apply terms part medicare program instead incorporated mutatis mutandis legislative history statute establishing medicare program amendments thereto provides specific evidence congress intent foreclose review amount determinations matters remitted finally exclusively adjudication private insurance carriers fair hearing token matters congress delegate private carriers challenges validity secretary instructions regulations cognizable courts law omitted words limit scope instances plaintiff invoking seeks review amount determination rather said pass meaning abstract ibid emphasis added instead focused upon medicare act provision makes applicable extent applicable social security act emphasis added interpreted phrase applying mutatis mutandis necessary changes made black law dictionary ed applied one important change detail change produced applying application particular category cases medicare part methodology challenges lead channeling review agency mean review added serious constitutional question arise construed deny judicial forum constitutional claims arising part quoting salfi appeals correct believing michigan academy limited scope amount determinations case significantly affected medicare part cases cases arising social security act medicare part well accordingly overturned dramatically limited earlier precedents salfi ringer involved respectively programs moreover created hardly justifiable distinction amount determinations many similar hhs determinations see supra understand congress justice stevens believes post dissenting opinion wanted compel medicare patients medicare providers channel claims agency cf brief respondent apparently conceding point normally overturn dramatically limit earlier authority sub silentio agree circuits held instance see michigan assn homes american academy dermatology francis medical center farkas abbey national kidney patients justice thomas maintains michigan academy must established way new interpretation critical distinction dispute agency determination particular case general dispute example agency authority promulgate set regulations distinction earlier cases deny post dissenting opinion says respect mistaken michigan academy reasoning presumption preclusion judicial review holding post finds holding consistent earlier cases ringer says ringer everyone simply assumed without argument channeling provision fully incorporated whole post one thing language justice thomas points simply says congres inten ded foreclose review amount matters congress delegate private carriers challenges validity secretary instructions regulations michigan academy supra emphasis added language refers particular features medicare part program private carriers amount determinations us reference foreclosure review quite obviously taken refer explained channeling requirement foreclosure provision amount determinations anything else short difficult reconcile justice thomas characterization michigan academy holding trigger ed challenges particular determinations post michigan academy language points regardless plausible read michigan academy holding apply application simply channel review agency mean review contrary justice scalia suggestion post dissenting opinion single rule applies medicare part much medicare part latter holding said virtues consistency michigan academy actual language consistency holdings earlier cases ringer consistency distinction often drawn total preclusion review postponement review see salfi supra distinguishing channeling requirement complete preclusion judicial review issue robison supra thunder basin coal reich strong presumption preclusion review implicated provision postponing review haitian refugee center distinguishing ringer michigan academy finding case governed latter statute precluded meaningful judicial review justice thomas refers antichanneling presumption presumption favor preenforcement review post presumption must far weaker presumption preclusion review light traditional ripeness doctrine often requires initial presentation claim agency said supra congress may well concluded universal obligation present legal claim first hhs though postponing review cases produce speedier well better review overall crossed relevant bridge long ago held congress social security act medicare act insisted upon initial presentation matter agency ringer salfi supra michigan academy require reconsider longstanding interpretation council argues event falls within exception michigan academy creates obtain review unless obtain judicial review action words council contends application channeling provision portion medicare statute medicare regulations issue case amount practical equivalent total denial judicial review haitian refugee center supra council however convinced us council says special review channel medicare statutes create applies secretary terminates home provider agreement available usual case involving imposition lesser remedy say transfer patients withholding payments imposition civil monetary penalty set forth relevant provisions supra appendix infra specific judicial review provision authorizes judicial review final decision secretary made hearing relevant provision authorizes hearing whenever home dissatisfied determination described subsection emphasis added subsection authorizes secretary terminate agreement whenever determined provider fails comply substantially statutes agreements regulations emphasis added secretary brief relevant determination entitles dissatisfied home review determination provider failed comply substantially statute agreements regulations whether termination remedy imposed reply brief petitioners emphasis added secretary regulations make clear interprets statute see cfr statute language though free ambiguity bears interpretation aware convincing countervailing argument conclude secretary interpretation legally permissible see chevron natural resources defense cil home visiting nurse services see also ii providing different channel administrative judicial review decisions imposing civil monetary penalties council next argues regulations implemented enforcement agencies deny review practice insisting nursing home deficiencies present corrective plan imposing sanction remedy threatening termination see cfr ii home risk termination council adds must always submit plan thereby avoiding imposition remedy simultaneously losing opportunity contest lawfulness rules regulations see council amici assert compliance actually harms home subjecting increased sanctions later virtue unreviewed deficiency findings agency makes deficiency findings public internet short conclusive answer contentions secretary denies practice brief nursing home deficiencies test lawfulness regulations simply refusing submit plan incurring minor penalty minor penalties says norm terminations program rare generally reserved egregious recidivist institutions reply brief petitioners ibid hhs reports nursing homes terminated adds remedy imposed facility fails submit plan correction correct deficiency appeals deficiency different remedy secretary ordinarily impose first instance ibid regulations cause providers suffer severe penalties later enforcement actions based findings unreviewable ibid secretary concedes home deficiencies posted internet notes home post reply see council gives us convincing reason doubt secretary description agency general practice therefore need decide whether general agency practice forced nursing homes abandon legitimate challenges agency regulations amount practical equivalent total denial judicial review haitian refugee center contrary justice thomas says post hold individual party circumvent channeling requirement simply party shows postponement mean added inconvenience cost isolated particular case rather question whether applied generally covered particular statutory provision hardship likely found many cases turns appears simply channeling requirement complete preclusion judicial review see haitian refugee center supra course individual hardship may mitigated different way namely excusing number steps agency process though step presentment matter agency see supra infra council shown anything potentially isolated instances inconveniences sometimes associated postponement judicial review council complains host procedural regulations unlawfully limit extent agency provide administrative review channel leading judicial review example regulations insulating review decisions home level noncompliance determination impose one rather another penalty see cfr ii council members remain free however following special review route statutes prescribe contest lawfulness regulation statute upon agency determination depends fact agency might provide hearing particular contention may lack power provide one see sanders constitutional questions obviously unsuited resolution administrative hearing procedures salfi brief petitioners beside point action arising medicare act must channeled agency see salfi supra action channeled consider contention later reviews action reviewing agency determination adequate authority resolve statutory constitutional contention agency decide see thunder basin coal haitian refugee center supra ringer salfi supra including necessary authority develop evidentiary record proceeding agency way provides agency opportunity reconsider policies interpretations regulations light challenges need waste time agency waive many procedural steps set forth see salfi supra deem waived certain circumstances see eldridge even though agency technically holds hearing claim see salfi supra holding secretary decision challenge sufficiency appellees exhaustion effect determination agency rendered final decision within meaning eldridge supra invoking practical conception finality conclude collateral nature claim potential irreparable injury delayed review satisfy final decision requirement minimum however matter must presented agency prior review federal council done finally council argues association individual take advantage special review channel statute authorizes review channel request dissatisfied institution agency council speaks behalf member institutions thus standing injury members allegedly suffer see arizonans official english arizona hunt washington state apple advertising essentially rights review stake statutes create special review channel adequately protect rights vi reasons case fit within michigan academy exception bar applies judgment appeals reversed appendix opinion provides dissatisfaction determination secretary appeal institutions agencies single notice hearing except provided paragraph institution agency dissatisfied determination secretary provider services determination described subsection section shall entitled hearing thereon secretary reasonable notice extent provided section title judicial review secretary final decision hearing provided section title except applying sections applying section title thereto reference therein commissioner social security social security administration shall considered reference secretary department health human services respectively provides relevant part termination nonrenewal agreements secretary may refuse enter agreement section upon reasonable notice provider public may specified regulations may refuse renew may terminate agreement secretary determined provider fails comply substantially provisions agreement provisions subchapter regulations thereunder corrective action required section title provides relevant part administrative determination entitlement benefits findings fact hearings investigations evidentiary hearings reconsiderations disability benefit terminations subsequent applications commissioner social security directed make findings fact decisions rights individual applying payment subchapter decision commissioner social security involves determination disability whole part unfavorable individual shall contain statement case understandable language setting forth discussion evidence stating commissioner determination reason reasons upon based upon request individual upon request wife divorced wife widow surviving divorced wife surviving divorced mother surviving divorced father husband divorced husband widower surviving divorced husband child parent makes showing writing rights may prejudiced decision commissioner social security rendered commissioner shall give applicant individual reasonable notice opportunity hearing respect decision hearing held shall basis evidence adduced hearing affirm modify reverse commissioner findings fact decision request respect decision must filed within sixty days notice decision received individual making request commissioner social security authorized commissioner motion hold hearings conduct investigations proceedings commissioner may deem necessary proper administration subchapter course hearing investigation proceeding commissioner may administer oaths affirmations examine witnesses receive evidence evidence may received hearing commissioner social security even though inadmissible rules evidence applicable procedure failure timely request review initial adverse determination respect application benefit subchapter adverse determination reconsideration initial determination shall serve basis denial subsequent application benefit subchapter applicant demonstrates applicant individual referred paragraph failed request review acting good faith reliance upon incorrect incomplete misleading information relating consequences reapplying benefits lieu seeking review adverse determination provided officer employee social security administration state agency acting section title notice adverse determination respect review may requested paragraph commissioner social security shall describe clear specific language effect possible entitlement benefits subchapter choosing reapply lieu requesting review determination provides judicial review individual final decision commissioner social security made hearing party irrespective amount controversy may obtain review decision civil action commenced within sixty days mailing notice decision within time commissioner social security may allow action shall brought district judicial district plaintiff resides principal place business reside principal place business within judicial district district district columbia part commissioner answer commissioner social security shall file certified copy transcript record including evidence upon findings decision complained based shall power enter upon pleadings transcript record judgment affirming modifying reversing decision commissioner social security without remanding cause rehearing findings commissioner social security fact supported substantial evidence shall conclusive claim denied commissioner social security decision rendered subsection section adverse individual party hearing commissioner social security failure claimant individual submit proof conformity regulation prescribed subsection section shall review question conformity regulations validity regulations may motion commissioner social security made good cause shown commissioner files commissioner answer remand case commissioner social security action commissioner social security may time order additional evidence taken commissioner social security upon showing new evidence material good cause failure incorporate evidence record prior proceeding commissioner social security shall case remanded hearing additional evidence ordered modify affirm commissioner findings fact commissioner decision shall file additional modified findings fact decision transcript additional record testimony upon commissioner action modifying affirming based additional modified findings fact decision shall reviewable extent provided review original findings fact decision judgment shall final except shall subject review manner judgment civil actions action instituted accordance subsection shall survive notwithstanding change person occupying office commissioner social security vacancy office provides finality commissioner decision findings decision commissioner social security hearing shall binding upon individuals parties hearing findings fact decision commissioner social security shall reviewed person tribunal governmental agency except herein provided action commissioner social security officer employee thereof shall brought section title recover claim arising subchapter provides provisions sections title subsections section title shall also apply respect subchapter extent applicable respect subchapter ii chapter except applying provisions respect subchapter reference therein commissioner social security social security administration shall considered reference secretary department health human services respectively provides federal question district courts shall original jurisdiction civil actions arising constitution laws treaties donna shalala secretary health human services et petitioners illinois council long term care writ certiorari appeals seventh circuit february justice stevens dissenting join justice thomas lucid dissent without qualification think worthwhile identify significant distinction cases like weinberger salfi heckler ringer one hand cases like bowen michigan academy family physicians case hand former group issue concerned plaintiffs entitlement benefits latter two issue concerns providers eligibility reimbursement distinction two types issues mirrors critical distinction social security act medicare act disputed claims social security benefits always present simple dispute claimant seeking monetary benefit government proceeding correctly described action recover claim arising subchapter disputed claims medicare act however typically involve three parties patient provider secretary issue involves dispute patient entitlement benefits fairly characterized action recover claim parallel claim social security benefits language makes applicable medicare act extent applies social security act thus encompasses claims patients necessarily encompass providers challenges secretary regulations ringer effect view erroneously treated patients claim premature action recover benefits subject strictures see ringer case michigan academy plaintiffs providers patients challenges secretary regulations simply fall within recover language obviously drafted describe pecuniary claims incorporation language medicare act via provides textual support decision today moreover contrary pandora box rhetoric ante adherence plain meaning recover make necessary revisit earlier cases reason well reasons set forth justice thomas find nothing relevant statutory text construed bar action donna shalala secretary health human services et petitioners illinois council long term care writ certiorari appeals seventh circuit february justice scalia dissenting join opinion justice thomas except part iii think necessary add words explanation vote doubtful whether bowen michigan academy family physicians correctly decided case books involving question statutory interpretation believe requires affirmance view neither basis holding different meaning regard part regard part since repeals implication disfavored basis holding subsequent addition provision distantly related altered meaning authoritatively pronounced see post thomas dissenting join part iii justice thomas opinion reliance upon calls presumption preenforcement review suggests michigan academy fortiori correctly decided might thought original matter categorical language overcame even justice thomas acknowledges stronger presumption judicial review see post regard timing review even use word presumption term abbott laboratories gardner applies preference judicial review point see since suggests unusually clear statement required way negation view preenforcement review better described background rule displaced reasonable implication persuasive reason believe abbott laboratories put ibid statute donna shalala secretary health human services et petitioners illinois council long term care writ certiorari appeals seventh circuit february justice thomas justice stevens justice kennedy join justice scalia joins except part iii dissenting unlike majority take position applies respondent suit section beside point case apply force medicare act virtue medicare act incorporating reference read bowen michigan academy family physicians hold incorporating reference triggered particular determination dispute case challeng validity secretary instructions regulations though interpretation entirely free doubt light arguable tension michigan academy earlier decision heckler ringer resolve doubt following longstanding presumption favor preenforcement judicial review accordingly hold apply respondent challenge therefore preclude respondent bringing suit general jurisdiction michigan academy first time discussed meaning earlier medicare act cases plaintiffs sought proceed general jurisdiction either need address assumed passing without discussion always incorporates decision erika involved former situation dealt part dispute appropriate amount reimbursement certain medical statute provided determination benefit amounts made private insurance carrier designated secretary authorized de novo review initial determination another officer designated carrier citing statutory scheme mention possibility judicial review part benefit amount determinations much less review secretary contrast statute expressly provide administrative review secretary judicial review two instances disputes concerning claimant eligibility benefits part part disputes benefit amount determinations part need interpret different obvious reason salfi social security case medicare case directly applicable opinion ringer equally silent meaning time assuming passing operates garden variety incorporating reference assumption shared parties case see brief petitioner brief respondents heckler ringer ringer involved dispute reimbursement surgical procedure part act see unlike erika involved part clear individual plaintiffs seek judicial review via presented claim benefits secretary suffered unfavorable final decision plaintiffs chose follow route review instead attempted challenge secretary policy prohibiting reimbursement surgery violating constitutional due process several statutory provisions invoking general noted assumed incorporates situation preenforcement challenge secretary medicare act regulations policies held third sentence action secretary officer employee thereof shall brought sections title recover claim arising subchapter expressly precluded ringer suit ringer supra squarely addressed first time decision bowen michigan academy family physicians secretary adopted regulation authorized payment part benefits different amounts similar physicians services association family physicians several individual doctors filed suit challenge regulation plaintiffs asserted concrete claim part benefits judicial review claim clearly foreclosed statute interpreted erika instead invoked jurisdiction unanimous favor began rejecting secretary contention provisions construed erika impliedly precluded review benefit amount determinations part also challenges secretary methodologies determining amounts precisely drawn provisions focused erika support secretary proposed inference simply id speak challenges mounted method amounts determined turned secretary argument incorporated medicare act expressly precludes claimant resorting general jurisdiction secretary contended salfi supra ringer supra third sentence terms prevents resort grant general jurisdiction contained plaintiffs responded third sentence precludes use congress provided specific procedures judicial review final agency action ibid declined however enter debate whichever may better reading salfi ringer need pass meaning abstract resolve case section apply terms part medicare program instead incorporated mutatis mutandis legislative history statute establishing medicare program amendments thereto provides specific evidence congress intent foreclose review amount determinations quite minor matters cong rec remarks bennett remitted finally exclusively adjudication private insurance carriers fair hearing token matters congress delegate private carriers challenges validity secretary instructions regulations cognizable courts law face persuasive evidence legislative intent indulge government assumption congress contemplated review carriers trivial monetary claims intended review substantial statutory constitutional challenges secretary administration part medicare program footnotes omitted accordingly held physicians challenge secretary regulation proceed general jurisdiction light quoted passage beyond dispute holding michigan academy rested squarely meaning accord ante michigan academy case involving amount determinatio trigger incorporation thus bar jurisdiction challeng validity secretary instructions regulations dichotomy translate exactly instant case majority tells us secretary determination terminate nursing home provider agreement see supp iii sense resembles determination amount individual benefits part see therefore majority concludes michigan interpretation simply bear respondent challenge secretary regulations see ante applies provision concerning benefit amounts applies rather entire medicare act including provision concerning provider agreements directly issue stron cause construe single formulation way time called play ratzlaf accordingly interpretation announced michigan academy must general import distinction part benefits determinations one hand part methods guiding determinations michigan academy must established distinction one hand dispute particularized determination hand challeng validity secretary instructions regulations former triggers incorporation latter case obviously falls latter category respondent way disputes particularized determinations instead mounts general challenge secretary regulations manual prescribing inspection enforcement procedures teams survey participating nursing homes fed reg claiming promulgated without notice comment unconstitutionally vague contravene medicare act requirement enforcement consistency violate due process affording insufficient administrative review like michigan academy plaintiffs challenged secretary regulation concerning payment benefits physicians services respondent may proceed district general jurisdiction perhaps recognizing result follows straightforwardly michigan academy opinion actually says majority creatively recasts decision established exception incorporation section apply application particular category cases medicare part methodology challenges lead channeling review agency mean review ante confuses reasoning precisely one half reasoning michigan academy holding case michigan academy undoubtedly relied reality challenge secretary regulations allowed proceed general jurisdiction secretary administration part benefit amount determinations entirely insulated judicial review result tension strong presumption congress mean prohibit judicial review executive action placed least equal reliance legislative history amendments medicare act see describing limited exception requirement secretary decision final judicial review may sought simply phrase holding terms ii sure reading michigan academy adopt appeals adopted dictates different result earlier ringer case ringer recall respondents individual medicare claimants brought challenge secretary policy regarding payment medicare benefits specific surgical procedure noted parties simply assumed incorporating reference triggered challenge proceeded directly decide case based yet michigan academy gloss never reached activated challeng validity secretary regulatio one thing conclude result ringer different applied michigan academy analysis case quite another declare michigan academy effected sub silentio overruling ringer contrary majority representation ante approach entails former therefore offend stare decisis principles sub silentio overruling noted supra opinion ringer expressly decide meaning assuming instead parties done functions garden variety incorporating reference incorporates every case involving medicare act accordingly said point cas anyone seen fit raise questions merely lurk record neither brought attention ruled upon considered decided constitute precedents webster fall see also lopez monterey county bound prior assumptions tucker truck lines words michigan academy overruled ringer sub silentio otherwise point ringer decide majority opinion therefore claim support asserted consistency holdings earlier cases ringer ante ringer simply constitute holding meaning majority engaged practice condemns sub silentio overruling webster fall supra moreover majority criticism approach declaring sub silentio overruling well directed ringer less overruled majority view michigan academy according majority michigan academy exception applies aggrieved party obtain review unless obtain judicial review action ante consider test apply freeman ringer one four plaintiffs ringer ringer sought challenge secretary policy proscribing reimbursement certain type surgery part benefits issue invoking general jurisdiction concrete reimbursement claim present possess financial means pay surgery front await reimbursement apparently obtain private financing surgery see ringer stevens concurring judgment part dissenting part ringer like nothing give secretary opportunity rule concrete claim reimbursement brief petitioners seems ringer paradigmatic example party obtain review unless obtain judicial review action ante plainly qualify michigan academy exception described majority majority purports reaffirm ringer toto revising case hold ringer notwithstanding inability obtain judicial review without anticipatory challenge qualify michigan academy exception others class afford pursue review undergoing surgery presenting concrete claim reimbursement see ante setting aside peculiarity interpreting statute deny judicial review poor promise rich obtain review majority gloss ringer ignores ringer description holding rejecting plaintiff ringer attempt use ringer rely notion ringer similarly situated practical matter seek judicial review means instead reasoned ringer claim essentially one requesting payment benefits particular surgery claim cognizable iii overstate matters say foregoing analysis demonstrates beyond question respondent may invoke general jurisdiction remaining doubt resolved however longstanding canon judicial review executive action cut unless persuasive reason believe purpose congress gutierrez de martinez lamagno quoting abbott laboratories gardner see also mcnary haitian refugee center traynor turnage michigan academy stark wickard rationale presumption abbott laboratories supra straightforward enough constitutional structure contemplates judicial review check administrative action disregard legislative mandates constitutional rights chief justice marshall explained excite surprise government laws principle furnished department whose appropriate duty decide questions right individuals government individuals ministerial officer might discretion issue powerful process leaving claimant remedy appeal laws country believe claim unjust anomaly exist imputation cast legislature nourse pet quoted gutierrez de martinez supra see also breyer stewart sunstein spitzer administrative law regulatory policy ed suggesting presumption review owes source considerations accountability legislative supremacy ideas embodied article also rule law considerations embodied due process clause michigan academy supra noting interpreting statute allow judicial review avoid serious constitutional issue arise judicial forum constitutional claims denied contrary secretary representation brief petitioners presumption favors merely judicial review point preenforcement judicial review true presumption may quite strong question instead see thunder basin coal reich cases clearly establish presumption applies former context indeed abbott laboratories important case marks recent era increased access judicial review breyer supra involved preenforcement challenge regulation although food drug cosmetic act fdca authorize preenforcement challenge type regulation secretary issued indeed expressly enumerated certain kinds regulations preenforcement review available explained indicia congressional intent must viewed lens presumption first question consider whether congress fdca intended forbid review sort regulation promulgated commissioner question phrased terms prohibition rather authorization survey cases shows judicial review final agency action aggrieved person cut unless persuasive reason believe purpose congress abbott laboratories thus held suit proceed recently haitian refugee center reaffirmed applicability presumption context challenge issue case constitutionality immigration naturalization service ins procedures administering amnesty program illegal aliens despite availability judicial review procedures context statutorily authorized review orders exclusion deportation notwithstanding statute express prohibition judicial review ins determination respecting application adjustment status amnesty program held factors suffice trump strong presumption favor judicial review administrative action haitian refugee center majority declines employ presumption favor preenforcement review resolve ambiguity instead concocts presumption preenforcement review stating holding consisten distinction often drawn total preclusion review postponement review ante citing salfi thunder basin coal supra haitian regugee center supra thunder basin coal noted supra teaches presumption strong problem one delayed judicial review rather complete denial judicial review establish presumption lacks force former context haitian refugee center directly supports applicability presumption favor preenforcement review invoked presumption even though plaintiffs postenforcement review option voluntarily surrendering deportation availing statutorily authorized judicial review order exclusion deportation haitian refugee center supra salfi provides majority modest support insofar acknowledged distinguished presumption complete denial judicial review omitting mention presumption delayed judicial review omission readily explained presentment social security benefits claim purposes accomplished act filing application benefits contrasted extremely burdensome presentment requirement facing aliens haitian refugee center named plaintiff ringer significant hardship facing claimants salfi arose possibility lengthy administrative review process postpone judicial decision ordering secretary pay disputed benefits took care problem leniently construing requirement final agency decision allowing secretary waive entirely requirement decision made hearing bottom majority demonstrate presumption favor preenforcement review dates least abbott laboratories invoked resolve debate conflicting readings practical reason employ presumption questions whether judicial review available also questions judicial review available delayed review requirement regulated entity disobey regulation suffer enforcement proceeding agency seek judicial review may mean review costs presenting claim via delayed review route exceed costs simply complying regulation regulated entity buckle comply even regulation plainly invalid see seidenfeld playing games timing judicial review ohio expect consequence often flow interpretation ambiguous statute bar preenforcement review haitian refugee center example aliens postenforcement review option asserting challenge agency procedures required aliens voluntarily surrender deportation suffer order deportation seek judicial review order appeals costs presentment explained uite obviously tantamount complete denial judicial review undocumented aliens similar predicament faces nursing homes represented respondent instant case contend secretary regulations manual governing enforcement substantive standards unlawful various respects nursing homes postenforcement review route delineated provides institution agency dissatisfied determination described subsection section shall entitled hearing thereon secretary reasonable notice extent provided section title judicial review secretary final decision hearing provided section title meaning determination referenced supp iii entirely free doubt secretary interpreted provisions mean administrative judicial review afforded determination provider failed comply substantially statute agreements regulations whether termination remedy imposed ante quoting reply brief petitioners emphasis original still even secretary reading inspection team assessment deficiency noncompliance nursing home suffice trigger administrative judicial review presentment claim via requires nursing home merely expose assessment deficiency inspection team also forbear correction deficiency secretary state designees impose remedy respondent amici advance several plausible reasons forbearance prove costly indeed costly enough compliance challenged regulations manual rational option one nursing homes face prospect termination severe remedies simply virtue failing submit voluntary plan correction correct deficiencies see cfr secretary response terminations rarely imposed fact certainly imposed provider postponed correction deficiencies order preserve appeal rights leniency solely matter grace secretary see tr oral arg provides little comfort nursing facility pondering route judicial review exposure termination remedy consequence faced nursing home forestalls correction deficiencies secretary also may impose civil monetary penalties accrue day noncompliance cfr thus quite plainly stand calibrated deterrent forbearance strategy cf ex parte young impose upon party interested burden obtaining judicial decision upon condition unsuccessful must suffer imprisonment pay fines effect close approaches courts costs forbearance strategy less tangible potentially significant example finding deficiency nursing facility may well rest unbalanced inaccurate data posted place easily accessible residents cfr disclosed public posted health care finance authority internet website reply brief petitioners negative publicity occurs nursing home may avail administrative judicial review via likely result substantial reputational harm see gardner toilet goods respondents note importance public good industry without reason fear disastrous impact announcement cosmetics seized recount allegations hardship respondent members inform application presumption favor preenforcement review rather concerns motivate presumption general sense inquiry hardship accommodated instead ripeness doctrine evaluate fitness issues judicial decision hardship parties withholding consideration abbott laboratories proceeded hold suits first two cases ripe abbott laboratories supra gardner toilet goods supra toilet goods assn gardner supra see also reno catholic social services similar line mode analysis concluding medicare act preclude general jurisdiction preenforcement challenge secretary regulations held respondent apa challenge ripe constitutional vagueness claim express view proper application ripeness doctrine respondent confident method analysis enjoys substantially support cases majority approach prescribes hardship inquiry threshold stage determining whether preenforcement review precluded statute see ante holding incorporate aggrieved party obtain review unless obtain judicial review action majority variation harmless hardship test stringent hardship prong ordinary ripeness doctrine presume test exacting otherwise majority opinion application ripeness doctrine facts bottom majority superimposes burdensome hardship test ordinary ripeness doctrine aggrieved persons seek bring preenforcement challenge secretary regulations medicare instead hold interpreted michigan academy case incorporate preclusion jurisdiction especially light presumption favor preenforcement review respectfully dissent footnotes section provides relevant part provisions shall also apply respect medicare act extent applicable respect social security act part medicare act provides voluntary supplemental insurance coverage eligible individuals certain physician charges medical services covered part individuals part benefits claims routinely assigned providers services seek reimbursement decision erika illustrates longstanding principle statute whose provisions finely wrought may support preclusion judicial review even though preclusion negative implication see fausto block community nutrition institute switchmen national mediation see heckler ringer third sentence made applicable medicare act provides exclusion sole avenue judicial review claim arising medicare act alteration original plaintiffs also asserted avail district jurisdiction mandamus supp ii judicial review part benefit amount determinations see ringer supra rehnquist participate reason beside point congress amended michigan academy make express provision administrative judicial review part benefits claims see pub stat congress substantively amended since michigan academy michigan academy gloss deserves much stare decisis respect today ever majority opinion may enjoy virtu consistency michigan academy actual language ante language important part explain text language majority opinion purports track merely sets forth one two rationales holding michigan academy reading michigan academy majority consistent language michigan academy setting forth case holding foreclose review amount determinations challenges validity secretary instructions regulations readily agree majority observation reading michigan academy implies different result ringer fail comprehend majority assertion view michigan academy also implies different result weinberger salfi see ante noted supra salfi social security case applied force academy cases entirely consistent reading michigan academy example home visiting nurse services shalala challenge directed particular determination reimbursement benefits held incorporated medicare act precluded resort general jurisdiction majority attempts soften blow explaining individual hardship may mitigated different way namely excusing number steps agency process though step presentment matter agency ante emphasis added italicized words show majority concession provides cold comfort plaintiff like ringer arguably nursing homes represented respondent see infra afford present concrete claim agency thus obtain neither administrative judicial review observed congress reinforced presumption enacting administrative procedure act apa embodies basic presumption judicial review one suffering legal wrong agency action adversely affected aggrieved agency action within meaning relevant statute abbott laboratories gardner quoting supp iii thunder basin coal reich aggrieved mine operator similarly subject civil penalties day noncompliance statutory provisions become final payable review agency appropriate appeals unlike nursing homes issue aggrieved mine operator apparently option complying bringing judicial challenge see scalia concurring part concurring judgment secretary represents reply brief petitioners accepts ante deficient nursing home may post response website respondent amici american health care association et al assert website accommodate provider comments lists date facility corrected deficiency brief american health care association et al amici curiae secretary seek review appeals holding respondent apa challenge ripe pet cert denied respondent certiorari seeking review appeals holding respondent vagueness challenge ripe majority acknowledges hardship test burdensome hardship prong ripeness doctrine least one respect told relevant hardship endured individual plaintiff rather confronted class persons similarly situated individual plaintiff ante see infra majority betrays misunderstanding relationship presumption favor preenforcement review ripeness doctrine says presumption favor preenforcement review must far weaker presumption preclusion review light traditional ripeness doctrine often requires initial presentation claim agency ante dispute respondent must demonstrate claims ripe district may entertain respondent preenforcement challenge point respondent permitted make ripeness argument argument assessed according traditional ripeness doctrine rather facing statutory preclusion review inevitably failing majority test explained supra cases establish analysis light presumption favor preenforcement review construe ambiguous statute allow preenforcement review apply ripeness doctrine determine whether suit entertained