# Hopewell Nursing Home, Inc. v. Schweiker

> Court of Appeals for the Fourth Circuit · November 30, 1981 · 666 F.2d 34

URL: https://www.frixlaw.com/law-library/cases/8914387

## Case

- **Full name:** HOPEWELL NURSING HOME, INC. a South Carolina corporation, and William P. Betchman, an individual, on behalf of themselves and all other entities and persons similarly situated v. Richard L. SCHWEIKER, Secretary of Health and Human Services, United States Department of Health James B. Cardwell, Commissioner of Social Security, United States Department of Health Frank J. Groschelle, Regional Director, United States Department of Health and James W. Murray, Regional Commissioner, Social Security Administration, United States Department of Health, Education and Welfare, Region IV
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** November 30, 1981
- **Citations:** 666 F.2d 34
- **Precedential status:** Published
- **Opinion:** Concurrence by Hall
- **Judges:** Ervin, Hall, Widener
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8914387

## Opinion text

K. K. HALL, Circuit Judge,
concurring:
I agree with the majority that the district court should have dismissed the suit for lack of jurisdiction. I note with satisfaction, however, that Congress has recognized the futility of a lengthy administrative hearing in cases like this one and has streamlined the procedure. In the Omnibus Reconciliation Act, Congress amended 42 U.S.C. § 1395oo(f)(1) to outline a mechanism whereby the provider may proceed directly to federal court if, after 30 days of a request for a jurisdictional ruling, the PRRB does not determine that it has jurisdiction over a case. P.L. 96-499 § 955 (1980); see also, [1981] U.S.Code Cong. & Ad.News-. Since this amendment was effective December 5, 1980, Hopewell should be able to utilize this abbreviated device to obtain judicial review of its claim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8914387. Public record. Not legal advice.