Livingston Care Center, Inc. v. United States

BOYCE F. MARTIN, Jr., Circuit Judge.

Livingston Care Center, Inc. and Care Centers of Michigan, Inc., operators of a nursing home in Howell, Michigan, appeal the district court’s dismissal of their claims for damages resulting from their termination as a Medicare provider. We are presented with the question of whether claims based on the wrongful termination of a Medicare provider agreement by the Secretary of Health and Human Services “arise under” the Medicare Act, see 42 U.S.C. § 1395 et seq., and if so, does Congress’ limitation in 42 U.S.C. § 1395Ü, concerning the ability to bring a claim…