Legal Opinion

American Academy of Dermatology v. Department of Health & Human Services

Court of Appeals for the Eleventh Circuit

Decided August 7, 1997No. 97-2229PublishedCited by 6 opinions

1Opinion of the Court

BARKETT, Circuit Judge:

Appellants, the American Academy of Dermatology, et al., appeal from the district court’s order dismissing the instant action for lack of subject matter jurisdiction. Appellants filed suit against the United States Department of Health and Human Services 1 alleging violations of Part B of the Medicare Act, 42 U.S.C. §§ 1395j-1395w-4. On appeal, appellants argue that the district court erred in holding that it lacked subject matter jurisdiction over this action due to appellants’ failure to present their claims to the United States Secretary of Health and Human Services…

2Cases cited13 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Weinberger v. SalfiSupreme Court of the United States · 1975
  3. Heckler v. RingerSupreme Court of the United States · 1984
  4. Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986
  5. Shalala v. Guernsey Memorial HospitalSupreme Court of the United States · 1995

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3Cited by6 opinions

  1. United States v. Blue Cross & Blue Shield of Alabama, Inc.Court of Appeals for the Eleventh Circuit · 1998
  2. Mid-Delta Home Health, Inc. v. Shalala (In Re Mid-Delta Home Health, Inc.)United States Bankruptcy Court, N.D. Mississippi · 1999
  3. Body v. Blue Cross & Blue ShieldCourt of Appeals for the Eleventh Circuit · 1998
  4. Welt v. Shalala (In re Hospital Staffing Services, Inc.)District Court, S.D. Florida · 2000
  5. 53 soc.sec.rep.ser. 786, Medicare & Medicaid Guide P 45,549, 11 Fla. L. Weekly Fed. C 286 American Academy of Dermatology Florida Society of Dermatology Seniors Coalition, Inc. v. Department of Health & Human Services, Through Donna Shalala, Secretary of the United States Department of Health and Human Services Health Care Financing Administration Bruce Vladeck, Administrator of Health Care Financing Administration Blue Cross/blue Shield of Florida, Inc.Court of Appeals for the Eleventh Circuit · 1997

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