RICU LLC v. U.S. DEPT. OF HEALTH & HUMAN SERVICES

No. 21-5186.

22 F.4th 1031 (2022)

RICU LLC, Appellant v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 2022.


Attorney(s) appearing for the Case

Jesse Panuccio argued the cause for appellant. With him on the briefs were David Boies and Scott E. Gant .

Jennifer L. Utrecht , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Brian M. Boynton , Acting Assistant Attorney General, Abby C. Wright , Attorney, Janice L. Hoffman , Associate General Counsel, U.S. Department of Health and Human Services, Susan Maxson Lyons , Deputy Associate General Counsel for Litigation, and Bridgette Lynn Kaiser , Attorney.

Before: Srinivasan, Chief Judge, Rogers and Jackson, Circuit Judges.


On appeal from the dismissal of its complaint, RICU LLC seeks to avoid well-settled authority requiring administrative exhaustion under the Medicare Act by presenting a concrete claim for payment of rendered services to the U.S. Department of Health and Human Services for decision. Instead, RICU LLC relies on its efforts to...

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