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Bayou Shores SNF, LLC v. Florida Agency for Health Care Administration

Petition for certiorari denied on June 5, 2017

Docket No. Argument Opinion Vote Author Term
16-967 N/A N/A N/A N/A OT 2016

Issue: (1) Whether 42 U.S.C. 405(h), the provision of the Medicare Act that provides that "[n]o action against the United States, the [Secretary of Health and Human Services], or any officer or employee thereof shall be brought under section 1331 or 1346 of Title 28 to recover on any claim [in bankruptcy] arising under this subchapter[,]" bars a district court from exercising jurisdiction over claims arising under the Medicare Act; and (2) whether 42 U.S.C. § 405(h) requires a debtor to exhaust administrative remedies prior to pursuing the relief available to debtors under the Bankruptcy Code.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
12/06/2016Application (16A558) to extend the time to file a petition for a writ of certiorari from January 1, 2017 to February 2, 2017, submitted to Justice Thomas.
12/06/2016Application (16A558) granted by Justice Thomas extending the time to file until February 2, 2017.
02/02/2017Petition for a writ of certiorari filed. (Response due March 6, 2017)
02/27/2017Order extending time to file response to petition to and including May 5, 2017, for all respondents.
05/05/2017Brief of Federal Respondent in opposition filed.
05/05/2017Brief of respondent Florida Agency for Health Care Administration in opposition filed.
05/15/2017Reply of petitioner Bayou Shores SNF, LLC filed.
05/16/2017DISTRIBUTED for Conference of June 1, 2017.
06/05/2017Petition DENIED.