Center for Dermatology and Skin Cancer Ltd. v. Burwell

Dist. Ct. did not err in granting defendant’s motion to dismiss instant mandamus action by plaintiff-physician seeking to compel defendant to process his Medicare claims that he had submitted for reimbursement, but were being held up for processing due to fact that plaintiff had been indicted on Medicare fraud charges. Dist. Ct. lacked jurisdiction to consider instant mandamus action, since plaintiff had failed to exhaust all of his administrative remedies within Dept. of Health and Human Services prior to filing instant mandamus action. Ct. further observed that because instant claims were submitted by individual who was under indictment for Medicare fraud, said claims were not “clean claims” that were subject to any mandatory time frame for making payments to plaintiff.