Ancillary Affiliated Health Servs. v. Shalala

In Ancillary Affiliated Health Servs. v. Shalala, 165 F.3d 1069, 1071 (7th Cir.1998), Medicare had overpaid provider Ancillary Affiliated. Ancillary Affiliated wished to repay the overpayment over a period of 18 months, but the HCFA chose to withhold all reimbursement checks until the overpayment had been recouped in full. Id. at 1069-70. Although Ancillary Affiliated was pursuing a Due Process claim, the Seventh Circuit determined that there was no subject matter jurisdiction because " `both the standing and the substantive basis for the ... claims' stemmed from the Medicare Act." Id. at 1070. The Seventh Circuit affirmed the dismissal for lack of jurisdiction.