D&G Holdings, LLC v. Sylvia Mathews Burwell

MEMORANDUM RULING

ELIZABETH ERNY, FOOTE UNITED STATES DISTRICT JUDGE

Now before the Court is a Motion To Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Defendants Sylvia Mathews Burwell, the Secretary of the Department of Health & Human Services (“the Secretary”), and Andy Slavitt, the Acting Administrator of the Centers for Medicare & Medicaid Services (“CMS”). Record Document 13. Defendant Novitas Solutions, Inc., the Medicare Administrative Contractor (“MAC”), has adopted the Motion. Record Document 14.

Plaintiff, D&G Holdings, LLC, t/a Doctors Lab, is an…