Batsche v. Price, No. 16-4305 (8th Cir. 2017)Annotate this Case
The Eighth Circuit affirmed the district court's dismissal for lack of subject matter jurisdiction an action alleging that a fee paid to the U.S. Department of Health and Human Services under the transitional reinsurance program in the Patient Protection and Affordable Care Act (ACA), 42 U.S.C. 18061(b)(1)(A), did not apply to self-insured, self-administered plans. The Fund asked the district court to declare that it was not required to submit the fee and was entitled to reimbursement of its mistaken payment to the Department. The court affirmed the district court's holding that the Administrative Procedure Act, 5 U.S.C. 702, 704, did not waive sovereign immunity and, even without sovereign immunity, the Tucker Act would vest exclusive jurisdiction over this lawsuit in the United States Court of Federal Claims.