Barrows v. Burwell’s Empirical Analysis

Citation profile

6 federal appellate · 1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether a given benefits regime creates a legitimate claim of entitlement to such benefits, we ask whether the statutes and regulations governing the distribution of benefits meaningfully channel official discretion by mandating a defined administrative outcome.”

   2 later decisions quote this exact passage · from the majority
   e.g. Gondal v. U.S. Dep't of Homeland Sec. · Alexander v. Azar

2. “[D]rawing all reasonable inferences in favor of plaintiffs, these allegations show that the Secretary-acting through CMS-has effectively established fixed and objective criteria for when to admit Medicare beneficiaries as "inpatients," and that, notwithstanding the Medicare Policy Manual's guidance , hospitals apply these criteria when making admissions decisions, rather than relying on the judgment of their treating physicians. ... However, if the Secretary is correct and, in fact, admission decisions are vested in the medical judgment of treating physicians, then Medicare beneficiaries would lack any such property interest. .... On remand, the District Court is directed to supervise a limited period of discovery ... focused on the sole issue of whether plaintiffs possessed a property interest in being admitted to their hospitals as "inpatients," which, as stated above, turns on a factual determination- namely, whether the decision to admit these patients to these hospitals was a "complex medical judgment" left to the treating physicians' discretion, or whether, in practice, the decision was made by applying fixed criteria set by the federal government.”

   1 later decision quote this exact passage · from the majority
   e.g. Alexander v. Azar

3. “Physicians should use a 24-hour period as a benchmark, i.e., they should order admission for patients who are expected to need hospital care for 24 hours or more .... However, the decision to admit a patient is a complex medical judgment which can be made only after the physician has considered a number of factors including the patient's medical history and current medical needs, the types of facilities available to inpatients and outpatients, the hospital's by-laws and admission policies, and the relative appropriateness of treatment in each setting....”

   1 later decision quote this exact passage · from the majority
   e.g. Alexander v. Azar