Administrative Law | Civil Procedure | Health Law and Policy | Insurance Law
In non-legal terms, subject matter jurisdiction is much like your American Express card. You cannot "leave home without it." This is especially true if you represent a Medicare provider or supplier and intend to sue on a Medicare claim. To be sure, your well-pleaded complaint alleges several bases for the federal district court's subject matter jurisdiction, including, but not limited to, 28 U.S.C. § 1331 (federal question jurisdiction), 28 U.S.C. § 1346 (federal defendant jurisdiction), 28 U.S.C. § 1361 (mandamus), and 5 U.S.C. § 702 (the Administrative Procedures Act). Perhaps, your complaint is brought in the context of an adversary proceeding in bankruptcy, pursuant to 28 U.S.C. § 1334. If, however, the Medicare provider or supplier you represent has not obtained a "final" administrative determination from the Secretary of Health and Human Services, will your jurisdictional allegations survive a motion to dismiss?
Cogan, Jr., John Aloysius and Johnson, Rodney A., "., Administrative Channeling under the Medicare Act Clarified: Illinois Council, Section 45(h), and the Application of Congressional Intent" (2000). Faculty Articles and Papers. 464.