Cardiosom, LLC v. United States

OPINION

BASKIR, Judge.

This case comes before the Court on Defendant’s Motion to Dismiss and Plaintiffs and Defendant’s Cross-Motions for Summary Judgment. Because 42 U.S.C. § 1395w-3(a)(l)(D) prohibits judicial review of Plaintiffs claims, the Court finds there is no jurisdiction. Therefore, we GRANT Defendant’s Motion to Dismiss and DISMISS as moot Plaintiff’s and Defendant’s Cross-Motions for Summary Judgment.

I. BACKGROUND

A. Statutory Background

In December 2003, Medicare Part B, a voluntary program that provides Medicare beneficiaries with supplemental medical insurance benefits and other…