Southwest Pharmacy Solutions, Inc. v. Centers for Medicare & Medicaid Services

EDITH BROWN CLEMENT, Circuit Judge:

The sole issue on appeal is whether the district court properly dismissed South west Pharmacy Solutions’s claim for lack of subject matter jurisdiction. While 42 U.S.C. § 405(h) clearly requires a plaintiff to exhaust administrative remedies before filing a claim in federal court, the Supreme Court has provided a narrow exception to this rule in Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1, 17-20, 120 S.Ct. 1084, 146 L.Ed.2d 1 (2000). Southwest argues that its claim falls within this exception and therefore was dismissed erroneously.…