Doctors Nursing & Rehabilitation Center v. Sebelius

Dist. Ct. erred in granting defendant-agency's motion to dismiss plaintiff-nursing home's claim that Medicare underpaid it for certain services provided to Medicare beneficiaries even though defendant decided to reopen administrative proceedings to reconsider plaintiff's claim. Ct. rejected Dist. Ct.'s belief that defendant's reopening of plaintiff's claim stripped it of jurisdiction to consider plaintiff's appeal since, for cases filed under 42 USC section 405(g), agency may not divest federal court of jurisdiction by unilaterally reopening its administrative proceeding. However, Dist. Ct. may consider remanding case to agency if defendant files appropriate motion in Dist. Ct. seeking said relief.