Inogen’s Suit Over Loss of Ventilator Billing Code Tossed

Inogen Inc.'s lawsuit in federal court over a Medicare billing code for its portable ventilator failed because it didn’t seek review from the agency first, a federal court in Washington said.

The medical device maker’s claims arose under the Medicare Act and thus were required to have been presented to the U.S. Health and Human Services Department before being filed in court, the U.S. District Court for the District of Columbia said.

Inogen also failed to exhaust HHS’s administrative review process before seeking a court order forcing the agency to reinstate a previously assigned billing code for its “Sidekick Tidal ...