National Medical Enterprises, Inc. v. United States

OPINION

YOCK, Judge.

This case comes before this Court on defendant’s motion to dismiss. The plaintiff, National Medical Enterprises, Inc. (NME), seeks judicial review of an administrative liability determination by the Secretary of Health and Human Services (HHS) *541pursuant to the Public Health Service Act, 42 U.S.C. § 291 et seq. (1988) (the Hill-Burton Act) and requests a refund of approximately $922,000 resulting from an alleged overpayment under the Hill-Burton Act. Plaintiff initially filed suit in the United States District Court for the Northern District of Texas, but the Government…