Humana Hospital Corp. v. Blankenbaker

HARLINGTON WOOD, Jr., Circuit Judge.

Humana Hospital Corporation brings this appeal from the district court’s dismissal of its complaint for lack of jurisdiction due to failure to exhaust administrative remedies. Humana seeks judicial review of a state agency decision, affirmed by a state hearing officer, to recommend to the Secretary of Health and Human Services (HHS) that she deny Humana’s application for federal reimbursement of its capital expenses for construction of a new hospital. We affirm the district court.

I. Statutory Framework

Section 1122 of the Social Security Act, as amended in…