Lee v. Kennedy — 9th Cir. (argued August 31, 2026)
The Ninth Circuit hears Dr. Mansur Lee's appeal over a Medicare affiliation sanction. CMS revoked his enrollment, placed him on the preclusion list, and imposed a ten-year reenrollment bar because he served as medical director of a hospice whose billing privileges were revoked. The district court dismissed his suit before agency review ended. Lee says due process required a meaningful pre-deprivation hearing and the statute did not authorize the ten-year bar. The Secretary says Lee must finish agency review before going to federal court. Ultra vires means beyond an agency's statutory authority.
Lee v. Kennedy (No. 26-1820) — U.S. Court of Appeals for the Ninth Circuit, argued August 31, 2026.
- 0:00Introduction
- 0:47Patric Hooper — Dr. Lee
- 15:05Alexander Layne Farrell — Secretary Kennedy