Nermin D. Lavapies, M.D. v. Otis R. Bowen, M.D.

MERRITT, Circuit Judge.

In this Medicare exclusion case arising under § 1156 of the Social Security Act, 42 U.S.C. § 1320c-5, the plaintiff-physician seeks an injunction setting aside her one-year suspension from participation in Medicare, Title XVIII. She challenges the District Court’s dismissal of her case on grounds that she failed to exhaust her administrative remedies, and its finding that none of her challenges presented “color-able constitutional claims.” Her primary claim is that the administrative process by which she has been excluded denies her due process. 687 F.Supp. 1193…