Leavitt

ORDER FINDING THE COURT HAS JURISDICTION AND PLAINTIFFS’ CLAIMS ARE RIPE FOR REVIEW

Plaintiffs Sharp Healthcare, Scripps Health, and Internist Laboratory filed a motion for a temporary restraining order. In denying the motion, the Court ordered Plaintiffs to show cause why this case should not be dismissed for lack of jurisdiction and standing. Having reviewed the parties’ responses to the OSC, the Court finds that jurisdiction and standing exist.

I. Procedural Background

On February 4, 2008, Plaintiffs filed a motion for a TRO to enjoin the Secretary’s deadline to submit bids to provide clinical diagnostic laboratory tests covered by Medicare Part B. On February 14, 2008, the Court denied the TRO finding that the Secretary had raised serious issues regarding the Court’s jurisdiction (thereby preventing Plaintiffs from establishing a likelihood of success on the merits) and finding that Plaintiffs would not suffer irreparable harm by having to comply with the application deadline.

In light of the serious jurisdictional issues raised by the Secretary, the Court also issued an OSC requiring the parties to provide briefing on the following issues:

The parties have submitted…