., Administrative Channeling under the Medicare Act Clarified: Illinois Council, Section 45(h), and the Application of Congressional Intent

In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot leave home without it. This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court\u27s subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary proceeding in bankruptcy, pursuant to 28 U.S.C. § 1334. If, however, the Medicare provider or supplier you represent has not obtained a final administrative determination from the Secretary of Health and Human Services, will your jurisdictional allegations survive a motion to dismiss

Administrative Channeling under the Medicare Act Clarified: Illinois Council, Section 45(h), and the Application of Congressional Intent

Mr. Cogan and Mr. Johnson discuss the judicial review provisions of the Medicare Act, codified at 42 U.S.C. section 405(g) and (h), and the Supreme Court cases including Illinois Council that interpret the scope of the arising under language. They also examine the history of section 205(h) of the Social Security Act, including the most recent amendment contained in the Deficit Reduction Act of 1984. The relationship between 205(h), DEFRA, and section 405(h) is explored as well as the caselaw addressing and applying section 405(h) in light of Congress\u27 1984 amendments

IRAC Full-Scale Flight Testbed Capabilities

Overview: Provide validation of adaptive control law concepts through full scale flight evaluation in a representative avionics architecture. Develop an understanding of aircraft dynamics of current vehicles in damaged and upset conditions Real-world conditions include: a) Turbulence, sensor noise, feedback biases; and b) Coupling between pilot and adaptive system. Simulated damage includes 1) "B" matrix (surface) failures; and 2) "A" matrix failures. Evaluate robustness of control systems to anticipated and unanticipated failures

Forum: issues and reflections on ethics and writing assessment

Open access article. Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license (CC BY-NC-ND 4.0) appliesWe hope this special issue adds to the body of knowledge created by the writing studies community with respect to the opportunities that can be created when assessment is seen in terms of the creation of opportunity structure. This hope is accompanied by a reminder of our strength as we annually encounter approximately 48.9 million students in public elementary and secondary schools 20.6 million students in postsecondary institutions (Snyder & Dillow, 2015). Our influence is remarkable as we touch the lives of many, one student at a time.Ye

Future Directions in the Molecular Breeding of Forage and Turf

Key points Molecular breeding of forage and turf plants and their endosymbionts has entered the post-genomic era with a large amount of structural genomics information and genomic resources available for key forage and turf species and relevant model systems. A primary future challenge is the conversion of this information into useful functional knowledge for the development of molecular breeding technologies and products that address a range of high impact outcome scenarios in forage and turf. High-throughput approaches for spatial and temporal analysis, from genome to phenome, and the respective data integration in a systems biology context will be critical for the establishment of stringent gene-function correlations. Translational genomics will permit results obtained using model systems to have major impact on the understanding of the molecular basis of plant processes and direct application to the molecular breeding of forage and turf plants. These developments will be enhanced through applications of transgenesis and functionally-associated genetic markers in forage and turf molecular breeding building on genomic and post-genomic discoveries in these target species

Communication and control system for a 15-channel hermetic retinal prosthesis

A small, hermetic, wirelessly-controlled retinal prosthesis has been developed for pre-clinical studies in Yucatan minipigs. The device was attached conformally to the outside of the eye in the socket and received both power and data wirelessly from external sources. Based on the received image data, the prosthesis drove a subretinal thin-film polyimide array of sputtered iridium oxide stimulating electrodes. The implanted device included a hermetic titanium case containing a 15-channel stimulator and receiver chip and discrete circuit components. Feedthroughs in the hermetic case connected the chip to secondary power- and data-receiving coils, which coupled to corresponding external power and data coils driven by power amplifiers. Power was delivered by a 125 kHz carrier, and data were delivered by amplitude shift keying of a 15.5 MHz carrier at 100 kbps. Stimulation pulse strength, duration and frequency were programmed wirelessly from an external computer system. The final assembly was tested in vitro in physiological saline and in vivo in two minipigs for up to five and a half months by measuring stimulus artifacts generated by the implant's current drivers.United States. Dept. of Veteran AffairsUnited states. Dept. of Veterans Affairs. Boston Healthcare SystemNational Institutes of Health (U.S.)United States. Dept. of DefenseMassachusetts Lions Foundatio

Refractile superficial retinal crystals and chronic retinal detachment: Case report

BACKGROUND: Few previous reports have described the presence of retinal refractile opacities at the macular area in patients presenting with longstanding peripheral retinal detachment. The exact nature of these opacities is unknown. CASE PRESENTATION: Two patients were referred with an abnormal appearance of refractile opacities in the macular area noted during routine examination. Both were found to have longstanding peripheral retinal detachments. Subretinal fluid analysis of one patient revealed the presence of multiple birefringent crystals. We hypothesise that these crystals are the origin of the refractile macular opacities noted. CONCLUSION: This report describes the rare presentation of asymptomatic peripheral retinal detachment by the detection of refractile macular opacities on routine examination. It highlights the importance of meticulous peripheral retinal examination in these cases. The article also describes the findings of the subretinal fluid analysis and discusses the possible hypothesis behind their appearance

Isolation and Characterisation of Genes Encoding Ice Recrystallisation Inhibition Proteins (IRIPs) in the Cryophilic Antarctic Hair-Grass (\u3ci\u3eDeschampsia Antarctica\u3c/i\u3e) and the Temperate Perennial Ryegrass (\u3ci\u3eLolium Perenne\u3c/i\u3e)

Antarctic hairgrass (D. antarctica Desv.), the only grass species indigenous to Antarctica, has a well developed tolerance of freezing, strongly induced by cold-acclimation. In response to low temperatures D. antarctica exhibits recrystallisation inhibition (RI) activity, localised to the apoplasm, that prevents further growth of ice crystals following freezing