United States Ex Rel. Kirsch v. Armfield

OPINION

ZIEGLER, Chief Judge.

Pending before the court is the motion (doc. no. 59) of plaintiff, the United States, to dismiss defendants’ counterclaim for setoff for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). The United States contends that the court lacks jurisdiction over the claim because, as a jurisdictional prerequisite, defendants have failed to exhaust their administrative remedies with the Health Care Financing Administration (“HCFA”), an agency of the United States Department of Health and Human Services (“HHS”), and HHS. Defendants…