National Kidney Patients Association v. Sullivan

506 U.S. 1049
Brief Filed: 12/92 (in support of petition for certoriari)
Court: Supreme Court of the United States
Year of Decision: 1993

Read the full-text amicus brief (PDF, 234KB)


Whether health care providers and Medicare beneficiaries may seek judicial review of HCFA regulations without first completing lengthy administrative review process by HCFA

Index Topic



The Health Care Financing Administration (HCFA) directed Medicare carriers to reduce payment for certain dialysis supplies and equipment by nearly 50 percent. The National Kidney Patients Association (NKPA) brought suit to enjoin implementation of the reduction of benefits. The district court issued a preliminary injunction and the HCFA appealed. The U.S. Court of Appeals for the D.C. Circuit overturned the district court, ruling that it did not have jurisdiction because the plaintiffs had not completed the lengthy administrative review process for Medicare Part B claims. The NKPA appealed the decision because, notwithstanding the time involved in the administrative review process, the administrative review process would not be empowered to grant the remedies sought.

APA's Position

APA agreed to sign on to an amici brief with numerous other health care provider organizations urging the Supreme Court to accept the case for review.


The Supreme Court denied certiorari, but Congress reversed the impact of the D.C. Circuit's decision with new legislation.