11 results for 'cat:"Jurisdiction" AND cat:"Medicare"'.
J. Contreras partially dismisses a former Veterans Affairs labor management relations specialist’s civil rights claims arising from VA’s termination of his remote work agreement, decision to transfer him from a Texas facility to an Arkansas one, and denial of a pay raise. His failure to accommodate claim fails because he did not specify what accommodations he needs or requested; he failed to allege causation for his disability discrimination claim; he succeeded in arguing that he may have been discriminated against when he wasn't chosen for a labor specialist role, however.
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 29, 2024, Case #: 1:22cv3209, NOS: Employment - Civil Rights, Categories: Administrative Law, jurisdiction, medicare
J. Jackson dismisses, for lack of subject matter jurisdiction, three hospitals’ lawsuit against the Department of Health and Human Services for how it calculated the funds due to the hospitals under Medicare’s disproportionate share hospital adjustment. The hospitals did not exhaust their administrative remedies before suing.
Court: USDC District of Columbia, Judge: Jackson, Filed On: March 29, 2024, Case #: 1:22cv2272, NOS: Medicare Act - Contract, Categories: Administrative Law, jurisdiction, medicare
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J. Gaughan denies the government's motion to dismiss, ruling that even if the health care provider did not fully exhaust its administrative remedies prior to filing suit to challenge calculation methods used to determine its Medicare overpayment, administrative exhaustion is not a jurisdictional requirement of the statute. Furthermore, any appeals process would have been futile, given the calculation methods could not be challenged before the administrative law judge.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: December 1, 2023, Case #: 1:23cv859, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, jurisdiction, medicare
J. Lohier finds that the district court properly held that a medical billing firm lacked standing to sue a Medicare administrative contractor for an error that resulted in a service provider being underpaid. The billing firm failed to exhaust agency appeals before seeking judicial review, and the narrow exception that would have allowed skipping that step did not apply. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: July 7, 2023, Case #: 21-1622-cv, Categories: jurisdiction, medicare
J. Sullivan denies an individual's motion for clarification of the district court's previous opinion, which denied the Secretary of the Department of Health and Human Services' motion to dismiss the individual's challenge to a denial of Medicare coverage. Contrary to the individual's arguments, the court only previously decided it had subject matter jurisdiction due to conflicts regarding certain therapy trial requirements, while it did not decide whether other conflicts exist.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: May 24, 2023, Case #: 1:17cv797, NOS: Medicare Act - Contract, Categories: Civil Procedure, jurisdiction, medicare