Key Medical Supply, Inc. v. Sebelius, et al.

Key Medical filed suit alleging that the Agency exceeded its statutory authority when implementing a competitive-bidding system for Medicare's pricing of medical equipment and supplies. Key Medical acknowledges that the governing statute, 42 U.S.C. 1395w-3(b)(11), contains a strongly worded ban on administrative and judicial review. Because the Agency's action was not ultra vires, and because there is an absence of a protected property or liberty interest, Key Medical cannot overcome the bar on review. Accordingly, the court affirmed the district court's dismissal for lack of jurisdiction. View "Key Medical Supply, Inc. v. Sebelius, et al." on Justia Law