Latest Case: Sensory NeuroStimulation, Inc. v. Azar (Government & Administrative Law)

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Sensory NeuroStimulation, Inc. v. Azar

Docket: 19-55036

Opinion Date: October 16, 2020

Judge: Michael M. Baylson

Areas of Law: Government & Administrative Law, Health Law

The Ninth Circuit affirmed the district court's dismissal based on lack of jurisdiction of an action brought by Sensory NueroStimulation, a medical device supplier, seeking Medicare coverage of its product. The panel held that the district court correctly held that 42 U.S.C. 405(h)'s administrative channeling requirement applied and that it therefore had no subject matter jurisdiction to hear Sensory's claims. In this case, the lawsuit is subject to Medicare's administrative channeling requirements; Sensory has not met those requirements; there exists a way to satisfy those requirements; and these conclusions do not completely preclude judicial review so as to trigger a key exception to the channeling requirements.