Secretary of Health and Human Services Kathleen Sebelius told the House Energy and Commerce Committee this morning that if a Medicare beneficiary doesn’t like a decision of the new Independent Payment Advisory Board, they can challenge it in court. Yet the health care law explicitly rules that out:
(5) LIMITATION ON REVIEW.—There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the implementation by the Secretary under this subsection of the [IPAB] recommendations contained in a proposal.
