The court of appeals affirmed a district court judgment. The court held that a district court lacked jurisdiction over Medicare beneficiaries’ breach of contract and unjust enrichment claims that were unexhausted under the Medicare Prescription Drug Improvement and Modernization Act of 2003. The court held further that the Act preempted the beneficiaries’ state consumer protection act and common law fraud claims.
Do Sung Uhm and Eun Sook Uhm sued Humana Health Plan, Inc., and Humana, Inc., (Humana) for violations of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA), as well as for alleged breach of contract and unjust enrichment claims, and fraud and consumer protection act claims.
