Bowen V. Georgetown University Hospital

Bowen v. Georgetown University Hospital is a landmark case in administrative law that was decided by the United States Supreme Court in 1988. The case is significant for its ruling on the retroactivity of administrative rules.

Background

In 1984, the Secretary of Health and Human Services attempted to recoup overpayments made to hospitals under the Medicare program. The Secretary did this by applying a new rule retroactively. Georgetown University Hospital and several other hospitals challenged this action, arguing that the Secretary did not have the authority to apply the rule retroactively.

Decision

The Supreme Court ruled in favor of the hospitals. The Court held that unless Congress has expressly authorized it, an administrative agency does not have the power to apply a new rule retroactively. The Court stated that retroactivity is not favored in the law and should not be applied in the absence of clear legislative intent.

Impact

The decision in Bowen v. Georgetown University Hospital has had a significant impact on administrative law. It has been cited in numerous cases and has been a key factor in limiting the power of administrative agencies to change their rules retroactively.

See also

• Administrative law
• Medicare
• United States Supreme Court