9th Cir.
11-16606
The court of appeals vacated injunctions entered by a district court, reversed the district court’s summary judgment order, and remanded the action for further proceedings. The court held that the district court lacked subject matter jurisdiction where Medicare beneficiaries did not adequately present, at the administrative agency level, their claim that the Secretary of Health and Human Services exceeded her authority by demanding “up front” reimbursement for secondary payments where beneficiaries had appealed or sought a waiver of a reimbursement determination.
