Cardiac Monitoring Services, Inc. v. Blue Cross & Blue Shield of Arkansas

ORDER

HENRY WOODS, District Judge.

INTRODUCTION. The Secretary of the Department of Health and Human Services (“Secretary”) has filed a motion to dismiss for lack of subject matter jurisdiction. He alleges that plaintiff, Cardiac Monitoring Services, Inc., has failed to assert a proper basis for federal jurisdiction. The Court agrees, and the motion is granted.

THE MEDICARE ACT. The Medicare Act (“Act”) provides for the payment of covered medical expenses incurred by eligible aged and disabled individuals. Part B of the Act pays supplementary medical insurance and authorizes payment for various…