Issues: (1) Whether 42 U.S.C. 405(h), the provision of the Medicare Act that provides that “[n]o action against the United States, the [Secretary of Health and Human Services], or any officer or employee thereof shall be brought under section 1331 or 1346 of Title 28 to recover on any claim [in bankruptcy] arising under this subchapter[,]” bars a district court from exercising jurisdiction over claims arising under the Medicare Act; and (2) whether 42 U.S.C. § 405(h) requires a debtor to exhaust administrative remedies prior to pursuing the relief available to debtors under the Bankruptcy Code.
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