Bowen v. Georgetown University Hospital
http://dbpedia.org/resource/Bowen_v._Georgetown_University_Hospital an entity of type: Thing
Bowen v. Georgetown University Hospital, 488 U.S. 204 (1988), was a case in which the United States Supreme Court held that agencies should not be presumed to have the power to promulgate retroactive rules unless that power is expressly authorized by Congress. Justice Anthony Kennedy wrote for a unanimous court that the Secretary of Health and Human Services had exceeded his rulemaking authority under the Medicare Act in promulgating a wage index rule in 1984 under which he would recoup Medicare reimbursements paid to hospitals, including Georgetown University Hospital, that had been disbursed since 1981 according to the pre-1984 rule. Justice Antonin Scalia concurred in the judgment, writing separately that, in addition to the particular language of the Medicare Act, the Administrative Pr
rdf:langString
rdf:langString
Bowen v. Georgetown University Hospital
rdf:langString
Otis R. Bowen, Secretary of Health and Human Services v. Georgetown University Hospital, et al.
xsd:integer
60465722
xsd:integer
1001805189
xsd:integer
87
rdf:langString
unanimous
<second>
172800.0
<second>
17280.0
xsd:integer
204
xsd:integer
488
xsd:gMonthDay
--10-11
xsd:integer
1988
rdf:langString
Bowen v. Georgetown University Hospital,
xsd:gMonthDay
--12-12
xsd:integer
1988
rdf:langString
Otis R. Bowen, Secretary of Health and Human Services v. Georgetown University Hospital, et al.
rdf:langString
The cost-limit rule imposed by the Secretary of Health and Human Services is invalid because statutory grants of rulemaking authority should not be read to authorize the promulgation of retroactive rules unless expressly conveyed.
rdf:langString
Bowen v. Georgetown University Hospital
rdf:langString
Kennedy
rdf:langString
Bowen v. Georgetown University Hospital, 488 U.S. 204 (1988), was a case in which the United States Supreme Court held that agencies should not be presumed to have the power to promulgate retroactive rules unless that power is expressly authorized by Congress. Justice Anthony Kennedy wrote for a unanimous court that the Secretary of Health and Human Services had exceeded his rulemaking authority under the Medicare Act in promulgating a wage index rule in 1984 under which he would recoup Medicare reimbursements paid to hospitals, including Georgetown University Hospital, that had been disbursed since 1981 according to the pre-1984 rule. Justice Antonin Scalia concurred in the judgment, writing separately that, in addition to the particular language of the Medicare Act, the Administrative Procedure Act more broadly prohibits retroactive rulemaking because it defines rules as having exclusively future effect, as opposed to adjudicative orders.
rdf:langString
Scalia
xsd:nonNegativeInteger
12259