Alvarado Hospital, LLC v. Cochran

I respectfully dissent from the ruling that the Medicare Act’s jurisdictional assignment to the district courts does not apply when there is an offer of settlement of a Medicare reimbursement claim. This explicit statutory assignment is not erased if the Medicare administrator offers to settle a Medicare claim. The jurisdictional statute is clear, and precedent has long implemented its terms:

Any individual, after any final decision of the [Secretary of HHS] made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil…