United States Fifth Circuit
Nat'l Athletic Trainers' Ass'n, Inc. v. US Dep't of Health & Human Servs., 05-11320
Dismissal, for lack of subject matter jurisdiction, of a suit challenging implementation of a new rule under Medicare regulations involving reimbursement for services administered by athletic trainers incident to physicians- services is affirmed where the district court correctly concluded that plaintiff had standing to challenge the rule, and physicians had administrative remedies available to them that had yet to be exhausted and sufficient incentive to challenge the rule such that an exception to a jurisdictional bar did not apply.
Appellate Information
- Decided 07/03/2006
- Published 07/05/2006
Judges
- CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Danny S. Ashby (argued), Paul Richard Genender, Stanford Edward Purser, Robert H. Mow, Jr., Jamie Lavergne Bryan, Hughes & Luce, Dallas, TX, for Plaintiff-Appellant.
- For Appellees:
- Eric David Miller (argued), Barbara C. Biddle, U.S. Dept. of Justice, Civ. Div., Washington, DC, Sean R. McKenna, Dallas, TX, for Defendant-Appellee.