Ctr for Dermatology & Skin Cancer, Ltd. v. Burwell, No. 14-1934 (7th Cir. 2014)
Annotate this CaseKolbusz owns and operates the Illinois Center for Dermatology and Skin Cancer and was a participating Medicare provider from 1993 until December 2012, receiving payment directly from Medicare. In October 2012 he was indicted for Medicare fraud. As a consequence, the Department of Health and Human Services imposed fraud prevention procedures on the practice, including payment suspension, resulting in his ultimate withdrawal from the Medicare program. In 2013, Kolbusz filed suit against the Secretary of Health and Human Services and her contractors, asserting jurisdiction under 28 U.S.C. 1331 (federal question); the Medicare Act, 42 U.S.C. 1395; and 28 U.S.C. 1361 (mandamus) to compel review of reimbursement claims he had submitted. The district court dismissed for failure to exhaust administrative remedies. The Seventh Circuit affirmed. Kolbusz’s failure to exhaust Medicare’s administrative appeals process precludes subject-matter jurisdiction of his mandamus action.
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