United States Seventh Circuit

In a nursing facility's suit against the Secretary of Health and Human Services, claiming that Medicare underpaid it for certain services provided to Medicare beneficiaries, district court's dismissal of the suit for lack of subject matter jurisdiction after the agency decided to reopen its administrative proceedings and reconsider the nursing home's claims is reversed as the agency does not have the unilateral authority to reopen its administrative proceedings once judicial review of the agency's final decision has begun, but rather, the agency may, at any point prior to filing its answer and with a showing of good cause, move the district court to remand the case to the agency for further proceedings.

Appellate Information

• Argued 12/10/2009
• Decided 07/16/2010
• Published 07/16/2010

Judges

• MANION, J.

Court

• United States Seventh Circuit

Counsel