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PORZECANSKI v. AZAR

No. 18-5222.

943 F.3d 472 (2019)

Arturo C. PORZECANSKI, Appellant, v. Alex Michael AZAR, II, Secretary, United States Department of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 26, 2019.

Attorney(s) appearing for the Case

Caroline L. Wolverton , Washington, DC, argued the cause for appellant. With her on the briefs was Christopher L. Keough , Washington, DC.

Jaynie Lilley , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief was Alisa B. Klein , Attorney. R. Craig Lawrence , Assistant U.S. Attorney, entered an appearance.

Before: Henderson and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge.

Judicial review of claims arising under the Medicare Act is carefully circumscribed. A plaintiff must first present his claims to the Secretary of the United States Department of Health and Human Services (HHS) and exhaust administrative remedies, unless doing so would foreclose access to federal court. In...

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