Bethesda Hospital Association, et al. v. Otis R. Bowen, Secretary of Health and Human Services

Decided April 4, 1988. Anthony McLeod Kennedy delivered the opinion of the Court.

Docket 86-1764 · 485 U.S. 399 (1988) · Cited 217 times

Holding

The Board may not decline to consider a provider's challenge to a regulation of the Secretary on the ground that the provider failed to contest the regulation's validity in the cost report submitted to its fiscal intermediary.

The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court — read the official opinion for authority.

How the Justices voted

Decided 9–0.

“Concurring” means agreeing with the outcome; any split shown is the Court’s judgment, not each Justice’s reasoning. Source: the Supreme Court Database (Spaeth et al.), Washington University.

Precedents cited

Supreme Court decisions this opinion relies on, ordered by how often it cites each. Cases in our collection link through; others are named.

• Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · 467 U.S. 837 (1984)
• Immigration & Naturalization Service v. Cardoza-Fonseca · 480 U.S. 421 (1987)
• Offshore Logistics, Inc. v. Tallentire · 477 U.S. 207 (1986)

Cited by

Later Supreme Court opinions in our collection that cite this case.

• Carr v. Saul · 593 U.S. 83 (2021)
• Sims v. Apfel · 530 U.S. 103 (2000)
• K Mart Corp. v. Cartier, Inc. · 486 U.S. 281 (1988)
• Shalala v. Guernsey Memorial Hospital · 514 U.S. 87 (1995)
• Public Employees Retirement System of Ohio v. Betts · 492 U.S. 158 (1989)

Official text

Read the official opinion (U.S. Reports, govinfo.gov)

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Anthony McLeod Kennedy’s profile · All Supreme Court opinions · The Supreme Court

Source: Supreme Court of the United States, slip opinions (1988). Citation count from the Free Law Project’s CourtListener bulk data. Data last verified 2026-07-03. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).