Amicus Brief in Sebelius v. Auburn Regional Medical Center, No. 11-1231

Abstract

Sebelius v. Auburn Regional Medical Center, which the Court has set for argument this Term, presents the question whether the 180-day statutory time limit for filing an appeal with the Provider Reimbursement Review Board from a final Medicare payment determination made by a fiscal intermediary, 42 U.S.C. § 1395oo(a)(3), is subject to equitable tolling. In this amicus brief in support of neither party, I argue that the question should be answered without resolving whether the deadline is jurisdictional.

Keywords: Sebelius, Auburn Regional, medicare, health care, equitable tolling, jurisdiction, jurisdictional, jurisdictionality