sebelius secretary health human services auburn regional medical center et argued december decided january reimbursement amount health care providers receive inpatient services rendered medicare beneficiaries adjusted upward hospitals serve disproportionate share patients adjustment amount determined part percentage hospital patients eligible supplemental security income ssi called ssi fraction year centers medicare medicaid services cms calculates ssi fraction eligible hospital submits number hospital fiscal intermediary department health human services hhs contractor intermediary computes reimbursement amount due sends hospital notice program reimbursement npr provider dissatisfied determination right appeal provider reimbursement review board prrb board within days receiving npr regulation secretary hhs authorized prrb extend limit good cause three years see cfr baystate medical center party timely appealed ssi fraction calculation year prrb found errors cms methodology resulted systematic undercalculation disproportionate share adjustment corresponding underpayments providers march board baystate decision made public within days respondent hospitals filed complaint board challenging adjustments acknowledging challenges decade time urged equitable tolling limitations period order due cms failure tell computation error prrb held lacked jurisdiction reasoning equitable powers save legislation regulation might confer judicial review district dismissed hospitals claims circuit reversed presumption statutory limitations periods generally subject equitable tolling concluded applied time limit nothing indicated congress intended disallow tolling held limitation jurisdictional pp unless congress clearly state statutory limitation jurisdictional restriction treated nonjurisdictional arbaugh ontext including interpretations similar provisions many years past probative whether congress intended particular provision rank jurisdictional reed elsevier muchnick jurisdictional time limit enlarged agency section hardly reveals design preclude regulatory extension provision instructs provider may obtain hearing filing request within days notice intermediary final determination speak jurisdictional terms zipes trans world airlines repeatedly held filing deadlines ordinarily jurisdictional indeed described quintessential rules henderson shinseki pp amicus urges classified jurisdictional requirement based proximity jurisdictional requirements amicus asserts requirement otherwise nonjurisdictional become jurisdictional simply section statute also contains jurisdictional provisions gonzalez thaler amicus also urges medicare act express grant authority secretary extend time beneficiary appeals implies absence leeway provider appeals support amicus relies general rule congress use certain language one part statute different language another indicate different meanings intended sosa interpretive guide like canons construction rul thumb tip scales statute read multiple ways connecticut nat bank germain limitation sensibly characterized nonjurisdictional pp secretary regulation permissible interpretation pp congress vested secretary large rulemaking authority administer medicare lacks authority undermine secretary regime unless regulation arbitrary capricious manifestly contrary statute chevron natural resources defense council regulation survives inspection deferential standard secretary brought bear practical experience superintending huge program generally prrb particular maintaining outer limit intermediary determination challenges must uphold judgment long permissible construction statute even interpreted statute differently absent agency regulation pp presumption equitable tolling generally applies suits irwin department veterans affairs application presumption order never applied irwin presumption agency internal appeal deadline presumption adopted part premise uch principle likely realistic assessment legislative intent irwin premise inapt context providers administrative appeals medicare act nearly years secretary prohibited board extending deadline except provided regulation six times amended since congress left untouched provision secretary rulemaking authority furthermore statutory scheme applies sophisticated institutional providers designed protective claimants bowen city new york scheme one laymen unassisted trained lawyers initiate process zipes hospitals ultimately argue secretary regulations fail adhere fundamentals fair play fcc pottsville broadcasting point cfr permits reopening intermediary reimbursement determination time determination procured fraud fault provider explained giving intermediaries time discover overpayments providers discover underpayments may justified administrative realities system dozen fiscal intermediaries charged issuing tens thousands nprs provider concentrate single npr home visiting nurse services shalala pp reversed remanded ginsburg delivered opinion unanimous sotomayor filed concurring opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press kathleen sebelius secretary health human services petitioner burn regional medical center et al writ certiorari appeals district columbia circuit january justice ginsburg delivered opinion case concerns time within health care providers may file administrative appeal initial determination reimbursement due inpatient services rendered medicare beneficiaries government contractors called fiscal intermediaries receive cost reports annually care providers notify reimbursement amount qualify provider dissatisfied fiscal intermediary determination may appeal administrative body named provider reimbursement review board prrb board governing statute stat sets limit filing appeals fiscal intermediary prrb regulation promulgated secretary department health human services hhs authorized board extend limitation good cause three providers case hospitals appealed prrb ten years expiration statutory deadline assert secretary failure disclose information made fiscal intermediary reimbursement calculation incorrect prevented earlier appealing board three positions briefed argued regarding time providers appeals prrb first amicus curiae urged limitation jurisdictional therefore enlarged agency second government maintains secretary prerogative set outer limit three years appeals board third hospitals argue doctrine equitable tolling applies stopping clock time secretary concealed information made fiscal intermediary reimbursement determinations incorrect hold statutory limitation jurisdictional secretary reasonably construed statute permit regulation extending time provider appeal prrb three years hold presumption favor equitable tolling apply administrative appeals kind issue medicare program covers certain inpatient services hospitals provide medicare beneficiaries providers reimbursed fixed amount per patient regardless actual operating costs incur rendering services total reimbursement amount adjusted upward hospitals serve disproportionate share patients adjustment made hospitals unusually high percentage patients generally higher costs hospitals congress therefore found receive higher reimbursement rates see pt amount disproportionate share adjustment determined part percentage patients served hospital eligible supplemental security income ssi payments percentage commonly called ssi fraction ed supp end year providers participating medicare submit cost reports contractors acting behalf hhs known fiscal intermediaries also year end centers medicare medicaid services cms calculates ssi fraction eligible hospital submits number intermediary hospital using numbers determine total payment due intermediary issues notice program reimbursement npr informing provider much paid year provider dissatisfied intermediary reimbursement determination statute gives right file request hearing prrb within days receiving npr ed secretary promulgated regulation notice comment rulemaking permitting board extend time limit upon showing good cause regulation provides extension shall granted board request filed years date notice intermediary determination mailed provider fed reg codified cfr many years cms released results ssi fraction calculations underlying baystate medical center hospital party case timely appealed calculation ssi fraction year eventually prrb determined cms omitted several categories ssi data calculations using flawed process determine number beneficiaries treated hospitals errors caused systematic undercalculation disproportionate share adjustment resulting underpayments providers baystate medical center leavitt supp dc see concluding cms failed use best available data methodological errors revealed board baystate decision yielded similarly reduced payments providers cms calculated ssi fraction march board decision baystate case made public within days hospitals case filed complaint board seeking challenge disproportionate share adjustments years hospitals acknowledged challenges unlike baystate timely contest decade time equitable tolling limitations period order urged due cms failure inform hospitals ssi fractions based faulty data prrb held lacked jurisdiction hospitals complaint reasoning equitable powers save legislation regulation might confer secretary regulation permitted excuse late appeals good cause three years outer limit judicial review district dismissed hospitals claims relief holding nothing statute suggests congress intended authorize equitable tolling supp dc appeals reversed cadc relied presumption statutory limitations periods generally subject equitable tolling reasoned rebuttable presumption equitable tolling applicable suits private defendants also apply suits quoting irwin department veterans affairs presumption applies time limit provider appeals reimbursement determinations appeals held finding nothing statutory provision prrb review indicating congress intended disallow equitable tolling granted secretary petition certiorari resolve conflict among courts appeals whether time limit constricts board jurisdiction compare case western medical enterprises heckler limit jurisdictional secretary may extend good cause alacare home health sullivan statute limitations jurisdictional secretary lacked authority promulgate exception joseph hospital kansas city heckler beyond jurisdictional secretary asked us determine whether appeals erred concluding equitable tolling applies providers medicare reimbursement appeals prrb notwithstanding secretary regulation barring appeals three years ii characterizing rule jurisdictional renders unique adversarial system objections tribunal jurisdiction raised time even party conceded tribunal jurisdiction controversy tardy jurisdictional objections therefore result waste adjudicatory resources disturbingly disarm litigants see henderson shinseki slip arbaugh untoward consequences mind tried recent cases bring discipline use term jurisdiction henderson slip see also steel citizens better environment jurisdiction word many many meanings internal quotation marks omitted ward profligate use term jurisdiction adopted readily administrable bright line determining whether classify statutory limitation jurisdictional arbaugh inquire whether congress clearly state rule jurisdictional absent clear statement cautioned courts treat restriction nonjurisdictional character see also gonzalez thaler slip henderson slip say congress must incant magic words order speak clearly consider context including interpretations similar provisions many years past probative whether congress intended particular provision rank jurisdictional reed elsevier muchnick see also john sand gravel reiterate mean type governing statute jurisdictional circumstance providers engage prrb review days notice fiscal intermediary final determination equitable tolling secretary regulation providing extension see supra fall well language congress used hardly reveals design preclude regulatory extension section instructs provider services may obtain hearing board regarding reimbursement amount provider files request hearing within days notice intermediary final determination provision speak jurisdictional terms zipes trans world airlines indeed less jurisdictional tone provision held nonjurisdictional henderson statute provided veteran seeking veterans review department veterans affairs determination disability benefits shall file notice appeal within days slip quoting emphasis added section contrast contains neither mandatory word shall appellation notice appeal words jurisdictional import context limitations time appeal district appeals see bowles russell key decision repeatedly held filing deadlines ordinarily jurisdictional indeed described quintessential rules henderson slip see also scarborough principi filing deadline fee applications equal access justice act kontrick ryan filing deadlines objecting debtor discharge bankruptcy honda clark filing deadline claims trading enemy act case scarcely exceptional one century worth precedent practice american courts rank time limit jurisdictional bowles cf kontrick time limitation may emphatic yet jurisdictional amicus urges three requirements specifications together define limits prrb jurisdiction subsection specifies claims providers may bring board subsection sets forth requirement jurisdictional requirements amicus asserts read third specification subsection limitation also setting jurisdictional requirement last term rejected similar argument requirement otherwise classify nonjurisdictional held become jurisdictional simply placed section statute also contains jurisdictional provisions gonzalez slip see weinberger salfi statutory provision issue contained three requirements judicial review one jurisdictional amicus also argues time limit provider appeals prrb viewed jurisdictional congress expressly made provision nonjurisdictional indeed time limits medicare act amicus notes particularly medicare beneficiaries request secretary reconsider benefits determination statute gives time limit days additional time secretary may allow see also ii permitting medicare beneficiary request hearing secretary within time limits secretary shall establish regulations recognized general rule congress use certain language one part statute different language another indicate different meanings intended sosa internal quotation marks omitted amicus notes general rule urging express grant authority secretary extend time beneficiary appeals implies absence leeway provider appeals interpretive guide identified like canons construction rul thumb tip scales statute read multiple ways connecticut nat bank germain reasons earlier stated see supra persuaded time limitation sensibly characterized nonjurisdictional prescription limitation therefore bar modest extension contained secretary regulation iii turn question whether time limit provider appeal prrb subject equitable tolling congress vested secretary large rulemaking authority administer medicare program prrb may adopt rules procedures inconsistent medicare act regulations secretary concerning period appeal board intermediary reimbursement determination secretary regulation implementing adopted notice comment speaks uncertain terms request board hearing filed time limit shall dismissed board except good cause shown time limit may extended however extension shall granted board request filed years date notice intermediary determination mailed provider cfr secretary allowed distinctly limited extension time appeal prrb cognizant board burdened immense caseload procedural rules requiring timely filings indispensable devices keeping machinery reimbursement appeals process running smoothly high country home health thompson imposing equitable tolling permit appeals barred secretary regulation essentially gut secretary requirement appeal board shall dismissed filed days npr unless provider shows good cause requests extension later three years npr lacks authority undermine regime established secretary unless regulation arbitrary capricious manifestly contrary statute chevron natural resources defense council secretary regulation satisfied survives inspection deferential standard hhs explained interest providers program point intermediary determinations resulting amount program payment due provider program become longer open correction cms medicare provider reimbursement manual pt ch rev cf taylor freeland kronz deadlines may lead unwelcome results prompt parties act produce secretary brought bear practical experience superintending huge program generally prrb particular maintaining three years outer limit must uphold secretary judgment long permissible construction statute even differs interpreted statute absence agency regulation national cable telecommunications assn brand internet services see also chevron rejecting secretary position appeals relied principally decision irwin irwin concerned time period filing suit federal agency title vii civil rights act held irwin rebuttable presumption equitable tolling applicable suits private defendants also apply suits irwin cases considered generally involved time limits filing suit federal see holland florida limitation filing application writ habeas corpus rotella wood period filing civil rico suit beggerly period bring suit quiet title act lampf pleva lipkind prupis petigrow gilbertson periods commencing civil action securities exchange act honda clark period filing suit trading enemy act kendall period filing suit claims courts cases rendered first instance decision whether equity required tolling case different order never applied irwin presumption agency internal appeal deadline time provider appeal intermediary reimbursement determination prrb cf brockamp assuming arguendo irwin presumption applied time limit filing administrative claim tax refund concluding based statutory text structure purpose good reason believe congress want equitable tolling doctrine apply presumption equitable tolling adopted part premise uch principle likely realistic assessment legislative intent irwin premise inapt context providers administrative appeals medicare act act provided avenue providers obtain administrative judicial review congress first directed secretary establish prrb congress simultaneously imposed deadline statutory exceptions nearly years secretary prohibited board extending deadline except provided regulation circuit decision case ever read equitable tolling secretary implementation provision congress amended six times since time leaving untouched administrative appeal provision secretary rulemaking authority time congress express disapproval outer time limit set secretary extension upon showing good cause see commodity futures trading schor hen congress revisits statute giving rise longstanding administrative interpretation without pertinent change congressional failure revise repeal agency interpretation persuasive evidence interpretation one intended congress internal quotation marks omitted note furthermore unlike remedial statutes issue many decisions see irwin bowen city new york zipes statutory scheme us designed protective claimants bowen one laymen unassisted trained lawyers initiate process zipes internal quotation marks omitted medicare payment system question applies sophisticated institutional providers assisted legal counsel generally capable identifying underpayment npr within time period specified home visiting nurse services shalala repeat players elect participate medicare system providers hardly claim lack notice secretary regulations hospitals ultimately argue secretary regulations fail adhere fundamentals fair play fcc pottsville broadcasting point particularly cfr permits reopening intermediary reimbursement determination time established determination procured fraud similar fault party determination considered similar alleged inequity home explained justified administrative realities provider reimbursement appeal system dozen fiscal intermediaries charged issuing tens thousands nprs provider concentrate single npr secretary home concluded reasonably believe asymmetry justifies giving intermediaries time discover overpayments providers discover underpayments moreover fraud exception allowing indefinite reopening apply intermediary procured board decision fraud similar fault although intermediary party determination rank party proceedings board cfr hold sum statutory deadline administrative appeals prrb contained jurisdictional therefore secretary lawfully exercised rulemaking authority providing good cause extension hold equitable tolling presumption irwin decision approved suits brought similarly apply administrative appeals kind considered secretary regulation cfr permissible interpretation statute judgment appeals district columbia circuit therefore reversed case remanded proceedings consistent opinion ordered sotomayor concurring kathleen sebelius secretary health human services petitioner auburn regional medical center et al writ certiorari appeals district columbia circuit january justice sotomayor concurring holds presumption favor equitable tolling adopted irwin department veterans affairs apply nonjurisdictional deadline health care providers file administrative appeals provider reimbursement review board prrb secretary regulation limiting good cause extensions deadline three years permissible interpretation statute agree holdings join opinion full write separately note decision case establish equitable tolling principles irrelevant internal administrative deadlines even contexts correct equitable tolling cases typically involved deadlines bring suit federal ante never suggested presumption favor equitable tolling generally inapplicable administrative deadlines cf henderson shinseki slip noting government dispute whether statutory filing deadline article veterans subject equitable tolling deadline nonjurisdictional brockamp assuming without deciding irwin presumption applied administrative tax refund claims finding based statutory text structure underlying subject matter tolling unavailable see also ante discussing brockamp previously applied irwin presumption outside context filing deadlines article iii courts see young applying presumption limitations period bankruptcy proceedings cf zipes trans world airlines holding statutory time limit filing charges equal employment opportunity commission jurisdictional prerequisite suit federal requirement like statute limitations subject waiver estoppel equitable tolling administrative settings one presented believe background principle limitations periods customarily subject equitable tolling young internal quotation marks omitted may limit agency discretion make filing deadlines absolute quite properly observes question whether equitable tolling available turns congressional intent see ante realistic assessment intent irwin may vary context case given nature statutory scheme applies institutional providers repeat players medicare system statute history agree distort congressional intent presume prrb administrative deadline subject equitable tolling ante quoting home visiting nurse services shalala contrast respect remedial statutes designed protect rights unsophisticated claimants see ante agencies reviewing courts may best honor congressional intent presuming statutory deadlines administrative appeals subject equitable tolling courts presume comparable judicial deadlines statutes may tolled claimants must generally pursue administrative relief seeking judicial review see woodford ngo contrary approach odd practical consequences attribute strange intent congress protect claimant ability seek judicial review agency decision making equitable tolling available leaving agency discretion whether claimant may invoke equitable tolling order seek administrative remedy first place even cases governing statute clearly delegates agency discretion adopt rules limit scope equitable exceptions administrative deadlines believe cases may arise equities favor tolling limitations period great deference agency judgment inappropriate bowen city new york quoting mathews eldridge particular efforts agency enforce tight filing deadlines cases credible allegations filing delay due agency misfeasance may survive deferential review equitable tolling extends circumstances outside parties control related doctrines equitable estoppel fraudulent concealment may bar defendant enforcing statute limitation deception prevented reasonably diligent plaintiff bringing timely claim see beggerly stevens concurring noting doctrines distinct see generally corman limitation actions describing doctrines bowen applied basic principle underlying doctrines agency conduct concluded deadline seek judicial review administrative denial disability benefits tolled social security administration conduct prevent ed plaintiffs knowing violation rights quoting new york heckler providers case allege agency failure disclose information calculated supplemental security income fraction prevented bringing timely challenges reimbursement determinations satisfied secretary exception reasonable accommodation competing interests administrative efficiency fairness face different case secretary regulation recognize exception good cause defined good cause narrowly exclude cases fraudulent concealment equitable estoppel see ante explaining secretary amended regulation limiting scope cause fed reg codified cfr us observations join opinion full footnotes agency called department health education welfare simplicity sake refer hhs throughout opinion case commenced secretary replaced regulation new prescription limiting good cause extraordinary circumstances beyond provider control natural catastrophe fire strike fed reg codified cfr new regulation retains strict cutoff claims parties agree case governed regulation opinion today addresses regulation medicare prescription drug improvement modernization act stat congress required secretary furnish hospitals data necessary compute disproportionate share adjustment pursuant congressional mandate secretary adopted procedures turning ssi data hospitals upon request fed reg party takes view statutory time limit jurisdictional appointed john manning brief argue position amicus curiae amicus manning ably discharged assigned responsibilities thanks arguments neither secretary intermediary counts party intermediary determination cfr providers alone subject exception time limitation fraud exception apart reopening time limited three years within time reopening may sought intermediary board secretary provider thus intermediary determination board decision reopened outside window secretary discovered errors calculating ssi fraction resulted overpayments providers