Mikuriya

MEMORANDUM **

Dr. Tod H. Mikuriya appeals the district court’s dismissal of his challenge to the Secretary of Health and Human Services’s determination that Mikuriya owed more than $79,000 to Medicare, due to overpayments of part B claims. Having jurisdiction under 28 U.S.C. § 1291 , we affirm.

In an attempt to obtain judicial review, Mikuriya first argues that the carrier hearing procedure offered to him was inapplicable to his case, thus excusing his *820 failure to exhaust the proffered administrative remedies. We conclude that the district court did not have jurisdiction over even this applicability attack because that argument itself was not properly channeled through the administrative process. When an administrative route to judicial review is available,

Shalala v. Illinois Council on Long Term Care, Inc., 529 U.S. 1, 23 , 120 S.Ct. 1084 , 146 L.Ed.2d 1 (2000) (citations omitted). Mikuriya’s reliance on Bowen v. Michigan Academy of Family Physicians, 476 U.S. 667 , 106 S.Ct. 2133 , 90 L.Ed.2d 623 (1986), fails because in Illinois Council, 529 U.S. at 19 , 120 S.Ct. 1084 , the Court clarified Michigan Academy as standing only for the proposition that judicial review of…