Global Rescue Jets, LLC v. Kaiser Foundation Health Plan

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GLOBAL RESCUE JETS, LLC, DBA No. 20-56410 Jet Rescue, a Delaware corporation, Plaintiff-Appellant, D.C. No. 3:19-cv-01737- v. L-NLS

KAISER FOUNDATION HEALTH PLAN,

INC., OPINION

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding

Argued and Submitted January 10, 2022 Pasadena, California

Filed April 8, 2022

Before: A. Wallace Tashima, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.

Opinion by Judge Watford SUMMARY *

Medicare Act

The panel affirmed the district court’s dismissal for lack of subject matter jurisdiction of an action brought by Global Rescue Jets, LLC, which sought recovery of amounts it had billed Kaiser Foundation Health Plan, Inc., for international air ambulance services it provided to two patients who were enrolled in Kaiser Medicare Advantage plans under Medicare Part C.

Global Rescue Jets, which does business as Jet Rescue, billed Kaiser at Jet Rescue’s usual and customary…