Leavitt

Plaintiff-Appellant Beacon Healthcare Services, Inc., (“Beacon”) appeals the district court’s judgment affirming the Provider Reimbursement Review Board’s (“PRRB”) determination that it did not have jurisdiction to hear Beacon’s appeal of a fiscal intermediary’s decision; concluding on the merits that the Secretary of the U.S. Department of Health and Human Services (“Secretary”) is not required by law to adjust Beacon’s target TEFRA costs; and dismissing Beacon’s remaining claims.

For the reasons discussed below, we conclude the PRRB did have jurisdiction to hear Beacon’s appeal. We affirm, however, the district court’s (1) decision that the Secretary is not required by law to adjust Beacon’s TEFRA target, and (2) dismissal of the additional claims for which Beacon invoked subject matter jurisdiction under 28 U.S.C. § 1331 .

I. FACTS AND PROCEEDINGS

Beacon operates Newport Bay Hospital, a 34-bed psychiatric hospital specializing in services for geriatric patients in California. The medical conditions attendant to this aged population require Beacon to provide a larger and more varied array of services, medical machines, and physical amenities (e.g., railings and…