South Miami Hospital v. Bowen

ORDER OF DISMISSAL

NESBITT, District Judge.

This cause is before the Court upon the Motion to Dismiss for lack of jurisdiction over the subject matter or in the alternative, for failure to state a claim upon which relief can be granted filed by the Defendant, OTIS R. BOWEN (BOWEN). Plaintiff, SOUTH MIAMI HOSPITAL (SMH) is a “provider of services” under the Medicare program, 42 U.S.C. § 1395 et seq, and seeks judicial review of whether the Provider Reimbursement Review Board (PRRB) properly denied jurisdiction over its appeal regarding a cost that was disallowed for reimbursement. Pursuant to 42…