Texas Medicare Claim Dismissed For Lack Of Subject Matter Jurisdiction

Texas Medicare Claim Dismissed For Lack Of Subject Matter Jurisdiction

HOUSTON - A federal judge in Texas on July 31 dismissed a Medicare Act claim against Specialty Select Hospital Houston (Select), saying the Medicare beneficiary plaintiff failed to state a claim upon which relief may be granted. The judge concluded that the beneficiary has not completed the administrative review process and that the court, therefore, lacks jurisdiction because a final administrative decision has not been made (Catalina Blanco v. Select Specialty Hospital, Houston L.P., No. H-13-1591, S.D. Texas, Houston Div.; 2013 U.S. Dist. LEXIS 107525).

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