A U.S. District Court in Washington, D.C., has dismissed a lawsuit filed by Dr. Haroon I. Hameed against the U.S. Department of Health and Human Services (HHS) regarding the revocation of his Medicare billing privileges. The court ruled that it lacked jurisdiction to hear the case, which is significant for healthcare providers facing similar challenges.
The case, known as Hameed v. U.S. Department of Health and Human Services, was filed on September 29, 2026, under Civil Action No. 2025-4117. Dr. Hameed, who practices medicine in Maryland, claimed that the Centers for Medicare & Medicaid Services (CMS) acted unlawfully when it revoked his Medicare enrollment. This ruling affects not only Dr. Hameed but also sets a precedent for other healthcare providers who may find their billing privileges revoked.
Dr. Hameed's legal battle began after CMS notified him on November 5, 2025, that it would revoke his Medicare billing privileges effective December 5, 2025. This decision was based on the revocation of his registration to prescribe controlled substances by the Drug Enforcement Administration (DEA). Hameed argued that CMS's decision was arbitrary and capricious, claiming it relied on a non-final DEA order. He also alleged that CMS unreasonably delayed processing his request for reconsideration, violating the Administrative Procedure Act (APA) and his Fifth Amendment rights.
After receiving the notice, Hameed submitted his request for reconsideration on the same day. However, he filed his lawsuit just 19 days later, before CMS had the opportunity to respond to his request. The court noted that Hameed had not exhausted his administrative remedies, which are required before seeking judicial review. This means he had not completed the necessary steps to challenge CMS's decision through the agency's processes.
Judge Dabney L. Friedrich presided over the case. In her ruling, she stated, "The Medicare Act incorporates the Social Security Act’s judicial-review provisions, limiting judicial review to 'final decision[s]' of the Secretary under § 405(g)." This indicates that Hameed's claims fell outside the court's jurisdiction because he had not yet received a final decision from CMS.
The court also found that Hameed's claim regarding CMS's alleged delay in processing his reconsideration request was moot. By the time the court ruled, CMS had already acknowledged Hameed's request and issued a reconsidered determination. As a result, there was no longer any action for the court to compel, making the issue of delay irrelevant.
Hameed's due process claims were similarly dismissed. The court determined that his arguments regarding CMS's reliance on the DEA's revocation decision did not constitute a separate procedural challenge but rather questioned the merits of the revocation itself. The court emphasized that Hameed's claims were fundamentally about the revocation of his Medicare enrollment, which must first go through the administrative process.
This ruling has significant implications for healthcare providers. It reinforces the importance of following the administrative process before seeking judicial intervention in cases involving Medicare billing privileges. The decision underscores the need for physicians to exhaust all administrative remedies before turning to the courts, a requirement that can often delay legal recourse.
Moving forward, healthcare providers facing similar situations may need to be cautious and ensure they fully engage with the administrative processes outlined by CMS and HHS. The court's ruling serves as a reminder that claims related to Medicare must be channeled through the appropriate administrative avenues.
As for Dr. Hameed, it remains unclear if he will appeal the decision. Details were not available in the court filing regarding any potential next steps he might take. However, the ruling effectively closes the door on his current legal challenge unless he can navigate the administrative process successfully.