United States Third Circuit

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Nichole Med. Equipment & Supply, Inc. v. Tricenturion, Inc., 11-2132

In a medical equipment supplier's suit against a contractor auditor for Medicare and Medicaid Services (CMS), arising from a dispute from an audit in which the auditor determined that plaintiff "might" be improperly billing Medicare for medical equipment, the judgment of the district court is affirmed where: 1) the district court properly determined that it was without subject matter jurisdiction to entertain plaintiff's state law claims, because without a final agency decision on plaintiff's claims the district court lacks jurisdiction to review this action; and 2) the defendants are immune from suit as officers or employees of the Secretary of the Department of Health and Human Services because plaintiff's claims arise under the Medicare Act.

Appellate Information

  • Decided 09/13/2012
  • Published 09/13/2012


  • McKee


  • United States Third Circuit