ABC Home Health Services, Inc. v. Aetna Life Insurance

ORDER

ALAIMO, District Judge.

In this action, Plaintiff, ABC Home Health Services, Inc. (“ABC”), contends that its fiscal intermediary under the Medicare program, Aetna Life Insurance Company (“Aetna”), sought to destroy ABC through the Medicare audit process. Specifically, ABC claims that Aetna’s audit decisions were biased, thereby depriving ABC of its right to a fair and impartial intermediary. As relief, ABC has requested (1) a new fiscal intermediary and (2) reaudits for 1987 through 1991.

Pending before the Court is the issue of whether the Court has subject matter jurisdiction. As…