Johnson v. United States Department of Health & Human Services

PER CURIAM: *

Reviewing the record de novo, we affirm the district court’s dismissal of Johnson’s suit for lack of subject matter jurisdiction for the following reasons:

1. Because Johnson’s claim that the Department of Health and Human Services (DHHS) is not entitled to reimbursement from his settlement proceeds requires interpretation of the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(2), the claim arises under the Medicare Act. See Heckler v. Ringer, 466 U.S. 602, 614-15, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984). He is therefore required to channel the claim through the agency…