Lawsuit Against Medicare Dismissed for Failure to Exhaust Administrative Remedies


In Yatsko v. Roehl, (2019 U.S. Dist. LEXIS 194600 (D. Md. November 7, 2019)), the plaintiff, a Medicare beneficiary, was injured in a car accident. He obtained a settlement, following which Medicare sought reimbursement of conditional payments made on his behalf. In response to Medicare’s demand for reimbursement, Yatsko filed suit in the District Court of Maryland. Because Yatsko failed to exhaust his administrative remedies through Medicare in disputing the conditional payment claims, the court granted Defendants’ Motion to Dismiss, dismissing Yatsko’s suit with prejudice.


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