Lead Opinion
delivered the opinion of the Court.
This case concerns the time within which health care providers may file an administrative appeal from the initial determination of the reimbursement due them for inpatient services rendered to Medicare beneficiaries. Government contractors, called fiscal intermediaries, receive cost reports annually from care providers and notify them of the reimbursement amount for which they qualify. A provider dissatisfied with the fiscal intermediary’s determination may appeal to an administrative body named the Provider Reimbursement Review Board (PRRB or Board). The govеrning statute, § 602(h)(1)(D), 97 Stat. 165, 42 U. S. C. § 1395oo(a)(3), sets a 180-day limit for filing appeals from the fiscal intermediary to the PRRB. By a regulation promulgated in 1974, the Secretary of the Department of Health and Human
The providers in this case are hospitals who appealed to the PRRB more than ten years after expiration of the 180-day statutory deadline. They assert that the Secretary’s failure to disclose information that made the fiscal intermediary’s reimbursement calculation incorrect prevented them from earlier appealing to the Board. Three positions have been briefed and argued regarding the time for providers’ appeals to the PRRB. First, a Court-appointed amicus curiae has urged that the 180-day limitation is “jurisdictional,” and therefore cannot be enlarged at all by agency or court. Second, the Government maintains that the Secretary has the prerogative to set an outer limit of three years for appeals to the Board. And third, the hospitals argue that the doctrine of equitable tolling applies, stopping the 180-day cloсk during the time the Secretary concealed the information that made the fiscal intermediary’s reimbursement determinations incorrect.
We hold that the statutory 180-day limitation is not “jurisdictional,” and that the Secretary reasonably construed the statute to permit a regulation extending the time for a provider’s appeal to the PRRB to three years. We further hold that the presumption in favor of equitable tolling does not apply to administrative appeals of the kind here at issue.
HH
The Medicare program covers certain inpatient services that hosрitals provide to Medicare beneficiaries. Providers are reimbursed at a fixed amount per patient, regardless of the actual operating costs they incur in rendering these services. But the total reimbursement amount is adjusted up
At the end of each year, providers participating in Medicare submit cost reports to contractors acting on behalf of HHS known as fiscal intermediaries. Also at year end, the Centers for Medicare & Medicaid Services (CMS) calculates the SSI fraction for each eligible hospital and submits that number to the intermediary for that hospital. Using these numbers to determine the total payment due, the intermediary issues a Notice of Program Reimbursement (NPR) informing the provider how much it will be paid for the year.
If a provider is dissatisfied with the intermediary’s reimbursement determination, the statute gives it the right to file a request for a hearing before the PRRB within 180 days of receiving the NPR. § 1395oo(a)(3) (2006 ed.) In 1974, the Secretary promulgated a regulation, after notice and comment rulemaking, permitting the Board to extend the 180-day time limit upon a showing of good cаuse; the regulation further provides that “no such extension shall be granted by the Board if such request is filed more than 3 years after the date the notice of the intermediary’s determination is mailed to the provider.” 39 Fed. Reg. 34517 (1974) (codified in 42 CFR § 405.1841(b) (2007)).
The methodological errors revealed by the Board’s Bay-state decision would have yielded similarly reduced payments to all providers for which CMS had calculated an SSI fraction. In March 2006, the Board’s decision in the Bay-state case was made public. Within 180 days, the hospitals in this case filed a complaint with the Board seeking to challenge their disproportionate share adjustments for the years 1987 through 1994. The hospitals acknowledged that their challenges, unlike Baystate’s timely contest, were more than a decade out of time. But equitable tolling of the limitations period was in order, they urged, due to CMS’s failure to inform the hospitals that their SSI fractions had been based on faulty data.
The PRRB held that it lacked jurisdiction over the hospitals’ complaint, reasoning that it had no equitable powers save those legislation or regulation might confer, and that
The Court of Appeals reversed.
We granted the Secretary’s petition for certiorari,
II
A
Characterizing a rule as jurisdictional renders it unique in our adversarial system. Objections to a tribunal’s jurisdiction can be raised at any time, even by a party that once conceded the tribunal’s subject-matter jurisdiction over the controversy. Tardy jurisdictional objections can therefore result in a waste of аdjudicatory resources and can disturbingly disarm litigants. See Henderson v. Shinseki,
To ward off profligate use of the term “jurisdiction,” we have adopted a “readily administrable bright line” for determining whether to classify a statutory limitation as jurisdictional. Arbaugh,
We reiterate what it would mean were we to type the governing statute, 42 U. S. C. § 1395oo(a)(3), “jurisdictional.” Under no circumstance could providers engage PRRB review more than 180 days after notice of the fiscal intermediary’s final determination. Not only could there be nо equitable tolling. The Secretary’s regulation providing for a good-cause extension, see swpra, at 150, would fall as well.
The language Congress used hardly reveals a design to preclude any regulatory extension. Section 1395oo(a)(3) instructs that a provider of services “may obtain a hearing” by the Board regarding its reimbursement amount if “such provider files a request for a hearing within 180 days after notice of the intermediary’s final determination.” This provision “does not speak in jurisdictional terms.” Zipes v. Trans World Airlines, Inc.,
Key to our decision, we have repeatedly held that filing deadlines ordinarily are not jurisdictional; indeed, we have described them as “quintessential claim-processing rules.” Henderson,
B
Amicus urges that the three requirements in § 1395oo(a) are specifications that together define the limits of the PRRB’s jurisdiction. Subsection (a)(1) specifies the clаims providers may bring to the Board, and subsection (a)(2) sets forth an amount-in-controversy requirement. These are jurisdictional requirements, amicus asserts, so we should read the third specification, subsection (a)(3)’s 180-day limitation, as also setting a jurisdictional requirement.
Last Term, we rejected a similar proximity-based argument. A requirement we would otherwise classify as non-jurisdictional, we held, does not become jurisdictional simply because it is placed in a section of a statute that also contains jurisdictional provisions. Gonzalez, 565 U. S., at 146-147; see Weinberger v. Salfi,
Amicus also argues that the 180-day time limit for provider appeals to the PRRB should be viewed as jurisdictional because Congress could have expressly made the provision nonjurisdictional, and indeed did so for other time limits in the Medicare Act. Amicus notes particularly that when Medicare beneficiaries request the Secretary to reconsider a benefits determination, the statute gives them a time limit of 180 days or “such additional time as the Secretary may allow.” 42 U. S. C. § 1395ff(b)(1)(D)(i); see also
But the interpretive guide just identified, like other canons of construction, is “no more than [a] rul[e] of thumb” that can tip the scales when a statute could be read in multiple ways. Connecticut Nat. Bank v. Germain,
Ill
We turn now to the question whether § 1395oo(a)(3)’s 180-day time limit for a provider to appeal to the PRRB is subject to equitable tolling.
A
Congress vested in the Secretary large rulemaking authority to administer the Medicare program. The PRRB may adopt rules and procedures only if “not inconsistent” with the Medicare Act or “regulations of the Secretary.” 42 U. S. C. § 1395oo(e). Concerning the 18Q-day period for an appeal to the Board from an intermediary’s reimbursement determination, the Secretary’s regulation implementing § 1395oo, adopted after notice and comment, speaks in no uncertain terms:
*157 “A request for a Board hearing filed after [the 180-day time limit] shall be dismissed by the Board, except that for good cause shown, the time limit may be extended. However, no such extension shall be granted by the Board if such request is filed more than 3 years аfter the date the notice of the intermediary’s determination is mailed to the provider.” 42 CFR § 405.1841(b) (2007).
The Secretary allowed only a distinctly limited extension of time to appeal to the PRRB, cognizant that “the Board is burdened by an immense caseload,” and that “procedural rules requiring timely filings are indispensable devices for keeping the machinery of the reimbursement appeals process running smoothly.” High Country Home Health, Inc. v. Thompson,
The Secretary’s regulation, we are satisfied, survives inspection under that deferential standard. As HHS has explained, “[i]t is in the interest of providers and the program that, at some point, intermediary determinations and the resulting amount of program payment due the provider or the program become no longer open to correction.” CMS, Medicare: Provider Reimbursement Manual, pt. 1, ch. 29, §2930, p. 29-73 (rev. no. 372, 2011); cf. Taylor v. Freeland & Kronz,
B
Rejecting the Secretary’s position, the Court of Appeals relied principally on this Court’s decision in Irwin,
This case is of a different order. We have never applied the Irwin presumption to an agency’s internal appeal dead
The presumption of equitable tolling was adopted in part on the premise that “[s]uch a principle is likely to be a realistic assessment of legislative intent.” Irwin,
We note, furthermore, that unlike the remedial statutes at issue in many of this Court’s equitable-tolling decisions, see
The hospitals ultimately argue that the Secretary’s regulations fail to adhere to the “fundamentals of fair play.” FCC v. Pottsville Broadcasting Co.,
We considered a similar alleged inequity in Your Home and explained that it was justified by the “administrative realities” of the provider reimbursement appeal system.
* * *
We hold, in sum, that thе 180-day statutory deadline for administrative appeals to the PRRB, contained in 42 U. S. C. § 1395oo(a)(3), is not “jurisdictional.” Therefore the Secretary lawfully exercised her rulemaking authority in providing for a three-year “good cause” extension. We further hold that the equitable-tolling presumption our Irwin decision approved for suits brought in court does not similarly apply to administrative appeals of the kind here considered, and that the Secretary’s regulation, 42 CFR § 405.1841(b), is a permissible interpretation of the statute.
The judgment of the United States Court of Appeals for the District of Columbiа Circuit is therefore reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Notes
The agency was called the Department of Health, Education, and Welfare until 1979, but for simplicity’s sake we refer to it as HHS throughout this opinion.
In 2008, after this case commenced, the Secretary replaced the 1974 regulation with a new prescription limiting “good cause” to “extraordinary circumstances beyond [the provider’s] control (such as a natural or other catastrophe, fire, or strike).” 73 Fed. Reg. 30250 (2008) (codified in 42 CFR § 405.1836(b) (2012)). The new regulation retains the strict threе-
In § 951 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, 117 Stat. 2427, Congress required the Secretary to furnish hospitals with the data necessary to compute their own disproportionate share adjustment. Pursuant to this congressional mandate, the Secretary has adopted procedures for turning over the SSI data to hospitals upon request. 70 Fed. Reg. 47438 (2005).
Because no party takes the view that the statutory 180-day time limit is jurisdictional, we appointed John F. Manning to brief and argue this position as amicus curiae.
Because neither the Secretary nor the intermediary counts as a party to the intermediary’s determination, 42 CFR §405.1806, providers alone are subject to this exception to the time limitation.
The fraud exception apart, reopening time is limited to three years. § 405.1885(a). Within that time, reopening may be sought by the intermediary, the Board, the Secretary, or the provider. Thus an intermediary determination or Bоard decision could not be reopened if, outside the three-year window, the Secretary discovered errors in calculating the SSI fraction that resulted in overpayments to providers.
Concurrence Opinion
concurring.
The Court holds that the presumption in favor of equitable tolling that we adopted in Irwin v. Department of Veterans Affairs,
The Court is correct that our equitable tolling cases have typically involved deadlines to bring suit in federal court. Ante, at 158. But we have never suggested that the presumption in favor of equitable tolling is generally inapplicable to administrative deadlines. Cf. Henderson v. Shinseki,
In administrative settings other than the one presented here, I believe the “background principle” that limitations periods “are customarily subject to equitable tolling,” Young,
In this case, given the nature of the statutory schеme, which “applies to ‘sophisticated’ institutional providers” who are “repeat players” in the Medicare system, and the statute’s history, I agree that it would distort congressional intent to presume that the PRRB’s administrative deadline should be subject to equitable tolling. Ante, at 159-160 (quoting Your Home Visiting Nurse Services, Inc. v. Shalala,
Even in eases where the governing statute clearly delegates to an agency the discretion to adopt rules that limit the scope of equitable exceptions to administrative deadlines, I believe “cases may arise where the equities in favor of tolling the limitations period are ‘so great that deference to the agency’s judgment is inappropriate.’” Bowen v. City of New York,
While the providers in this ease allege that the agency’s failure to disclose information about how it calculated the Supplemental Security Income fraction prevented them from bringing timely challenges to reimbursement determinations, I am satisfied that the Secretary’s 3-year good-cause exсeption is a reasonable accommodation of the competing interests in administrative efficiency and fairness. We would face a different case if the Secretary’s regulation did not recognize an exception for good cause or defined good cause so narrowly as to exclude cases of fraudulent concealment and equitable estoppel. See ante, at 150, n. 2 (explaining that the Secretary’s amended regulation limiting the scope of “ ‘good cause,’ ” 73 Fed. Reg. 30250 (2008) (codified in 42 CFR § 405.1836(b) (2012)), is not before us).
With these observations, I join the Court’s opinion in full.
