Key Medical Supply, Inc. v. Kathleen Sebelius

MELLOY, Circuit Judge.

Key Medical Supply, Inc. (“Key Medical”), a medical equipment provider in the Minneapolis-St. Paul area, alleges that the Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS” or “the Agency”) exceeded its statutory authority when implement ing a competitive-bidding system for Medicare’s pricing of medical equipment and supplies. Key Medical acknowledges that the governing statute contains a strongly worded ban on administrative and judicial review. Key Medical argues, however, that review should be available because the Agency acted…