Tony Scott Trucking, Inc. v. National Labor Relations Board

upholding state statute forbidding doctors to bill Medicare patients for fees beyond those reimbursed by Medicare against challenge based on theory that doctors might find Medicare "reasonable" charge unreasonably low, thereby refusing to treat Medicare patients | upholding state statute forbidding doctors to bill Medicare patients for fees beyond those reimbursed by Medicare against challenge based on theory that doctors might find Medicare “reasonable” charge unreasonably low, thereby refusing to treat Medicare patients | the field of medical fee regulation seems by tradition to be one of state concern | when the same words are used in different sections of the same law, they will be given the same meaning | the field of medical fee regulation seems by tradition to be one of state concern | while medical decisions may not be within the discretionary function exception, decisions based on political policy fall within the exception | decisions of Atomic Energy Commission and Public Health Service not to warn miners of radiation hazards and not to regulate the safety and health of miners were discretionary | court considered qualified immunity issue and exercised pendent jurisdiction to review other issues | government’s failure to warn uranium miners of radiation hazards was discretionary | Secretary could refuse by regulation to consider oral offers-in-compromise | district court’s summary judgment determination reviewed de novo | discretionary function exception applies when discretionary acts are negligent