Becerra

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SAN DIEGO COMPREHENSIVE PAIN Case No. 21-cv-01739-BAS-WVG MANAGEMENT CENTER, INC., et al.,

ORDER DISMISSING ACTION

Plaintiffs, WITHOUT PREJUDICE FOR LACK v. OF SUBJECT MATTER

JURISDICTION

XAVIER BECERRA, et al., 15 Defendants. 16 17 18 Plaintiffs are three group medical practices and a surgery center that treat patients with chronic pain issues. Plaintiffs have received Medicare payments from the United States Department of Health & Human Services (“HHS”) until September 2021, when HHS suspended the Medicare payments. Plaintiffs moved for preliminary injunction requiring Defendants to remove the suspension; pay any outstanding, new, and pending claims; and provide notice of the reasons for the suspension. (ECF No. 7.) Because Plaintiffs’ claims arise under Medicare, their sole avenue to seek judicial review is through 42 U.S.C. § 405(g), which requires Plaintiffs to exhaust administrative remedies or show that the exhaustion…