Becerra
Pacific Surgical Institute of Pain Management, Inc. v. Becerra
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
12 PACIFIC SURGICAL INSTITUTE Case No. 22-cv-01521-BAS-WVG OF PAIN MANAGEMENT, INC.,
ORDER GRANTING
Plaintiff, DEFENDANT’S MOTION TO
DISMISS FOR LACK OF
v. SUBJECT MATTER JURISDICTION (ECF No. 8) XAVIER BECERRA,
Defendant. 18 19 20 Plaintiff Pacific Surgical Institute of Pain Management, Inc. is a California corporation seeking mandamus relief concerning a dispute over reimbursement under Title XVIII of the Social Security Act, 79 Stat. 291, as amended, 42 U.S.C. § 1395 et seq., commonly known as the Medicare Act. Plaintiff is temporarily suspended from receiving Medicare reimbursement following “credible allegations of fraud.” In Case No. 21-cv-1739-BAS-WVG, this Court dismissed Plaintiff’s attempts to force Medicare reimbursement finding it lacked subject matter jurisdiction. Health & Human Services (“HHS”) to release funds an Administrative Law Judge (“ALJ”) separately determined were eligible for…