Wrona v. United States

OPINION

HORN, Judge.

FACTS

This case comes before the court on the defendant’s February 28,1997 motion to dismiss pursuant to Rule 12(b)(1) and Rule 12(b)(4) of the Rules of the United States Court of Federal Claims (RCFC). In 1972, social security amendments were passed that extended Medicare coverage for dialysis and transplantation to individuals with End Stage Renal Disease (ESRD). Pub.L. 92-603, § 2991, 86 Stat. 1329, 1463-64 (1972). In 1978, amendments to the act were passed which authorized the establishment of ESRD network areas and network organizations under the Medicare program.…