COLONIAL PENN INSURANCE COMPANY, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Appellee

OPINION OF THE COURT

WEIS, Circuit Judge.

Congress amended the Medicare Act to provide that benefits would not be available when an individual’s medical expenses could be paid under an automobile insurance policy. Because of unforeseen losses that would be caused by this change, the plaintiff insurance company sought an injunction and declaratory relief against application of regulations implementing the statute. The district court held that it did not have jurisdiction over the challenge to the regulations except for the constitutional claims by way of mandamus. We conclude that all claims…