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Bowen v. Michigan Academy of Family Physicians

United States Supreme Court
476 U.S. 667 (1986)



The Michigan Academy of Family Physicians (MAFP) (plaintiff) challenged the constitutional validity of 42 C.F.R. § 405.504(b), one of the federal regulations that implemented the federal Medicare statute. The regulation set the amounts that private insurers must pay physicians for various services under Medicare Part B. Otis Bowen (defendant), the federal secretary of Health and Human Services (HHS), contended that two statutory provisions, 42 U.S.C. §§ 1395ff and 1395ii, forbade judicial review of any issues relating to Medicare Part B payments. A federal district court and the court of appeals both found that judicial review of the regulation was allowed under the relevant statutes. However, the courts of appeal in other circuits had ruled differently. The United States Supreme Court granted certiorari to address the circuit split on the issue of the availability of judicial review.

Rule of Law


Holding and Reasoning (Stevens, J.)

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