SENSORY NEUROSTIMULATION, INC. v. AZAR

No. 19-55036.

977 F.3d 969 (2020)

SENSORY NEUROSTIMULATION, INC., a California corporation, Plaintiff-Appellant, and Fred Burbank, MD, CEO, President, Board Chairman, and stock holder, Plaintiff, v. Alex M. AZAR II, in his official capacity as Secretary of the United States Department of Health and Human Services; U.S. Department of Health & Human Services; Centers for Medicare & Medicaid Services, Defendants-Appellees, and Seema Verma, Administrator Centers for Medicare and Medicaid Services; Demetrios Kouzoukas, Principal Deputy Administrator Centers for Medicare and Medicaid Services; Laurence Wilson, Centers for Medicare and Medicaid Services; Peter J. Gurk, MD, Medical Director, DME MAC, Jurisdiction D; Robert D. Hoover, Jr., MD, MPH, FACP, Medical Director, DME MAC, Jurisdiction C; Stacey V. Brennan, M.D., FAAFP, Medical Director, DME MAC, Jurisdiction B; Wilfred Mamuya, MD, PHD Medical Director, DME MAC, Jurisdiction A, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2020.


Attorney(s) appearing for the Case

Linda T. Coberly (argued), Winston & Strawn LLP, Chicago, Illinois; Diana Leiden and Saul S. Rostamian , Winston & Strawn LLP, Los Angeles, California; Lauren Gailey , Winston & Strawn LLP, Washington, D.C.; for Plaintiff-Appellant.

Karen Y. Paik (argued), Assistant United States Attorney; David M. Harris , Chief, Civil Division; Nicola T. Hanna , United States Attorney; United States Attorney's Office, Los Angeles, California; for Defendants-Appellees.

Before: Mary M. Schroeder and Daniel P. Collins, Circuit Judges, and Michael M. Baylson, District Judge.


OPINION

I. Introduction

The issue in this case is whether the district court correctly decided it lacked subject matter jurisdiction over a lawsuit brought by a medical device supplier seeking to have Medicare "cover" the supplier's product. We conclude that the lawsuit is subject to Medicare's administrative...

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