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Dismissal of hospitals' suit against HHS on investigational device coverage weighed by court.

This article was originally published in The Gray Sheet

Executive Summary

HOSPITALS' SUIT AGAINST HHS ON UNAPPROVED DEVICE MEDICARE CLAIMS tentatively dismissed by the U.S. District Court of Los Angeles. According to an Oct. 30 ruling by Judge John Davies, which attorneys for the case say is tentative but likely will be finalized, the court cannot hear the case because the hospitals failed to exhaust administrative remedies available under Medicare law. The ruling came after a hearing the same day at which the court heard arguments on a motion for dismissal filed on behalf of HHS by the Justice Department.

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