Council For Urological Interests v. Sebelius, et al., No. 11-5030 (D.C. Cir. 2011)
Annotate this CaseAn association of doctor-owned equipment providers challenged regulations issued by the Secretary that effectively prevented its members from obtaining Medicare reimbursement for their services. The district court dismissed the complaint for lack of subject matter jurisdiction. The court concluded that under the particular circumstances of this case, the Shalala v. Illinois Council on Long Term Care, Inc. exception applied and the association could invoke the district court's federal question jurisdiction without first seeking administrative review under the Medicare Act, 42 U.S.C. 405(h).
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