With no explanation, chose the best option from "A", "B", "C" or "D". more than two thirds of the members of the putative class are citizens of New York. 2 . Although section 405(h) only bars federal jurisdiction over actions against the United States, the Secretary, or any officer or employee thereof, courts have consistently held that the exhaustion requirement applies to actions against otherwise private entities that contract with CMS under Medicare Parts C and D. See Uhm v. Humana, 620 F.3d 1134 (9th Cir.2010) (Part D); Manorcare Potomac v. Understein, No. 8-.02-CV-1177-T-23EAJ, 2002 WL 31426705 (M.D.Fla. Oct. 16, 2002) (Part C); Phillips v. Kaiser Foundation Health Plan, Inc., No. C 11-02326, 2011 WL 3047475 (N.D.Cal. July 25, 2011) (Part C); cf. Bentley v. Wellpoint Cos., Inc., No. 11 Civ. 8963, 2012 WL 546991, at *6 n. 5 (S.D.N.Y. Feb. 17, 2012) (<HOLDING>) (citing Bodimetric Health Servs. v. Aetna Life

A: holding in context of claim against medicare administrative contractor that the fact that plaintiff is suing private entities provides no relief from the jurisdictional bar of  405h
B: holding immunity from liability is not jurisdictional
C: holding that a subcontractors lack of a license under the act does not bar a claim for indemnity or contribution by the contractor in a suit by the homeowner against the contractor because the public policy embodied in the act and berenter is to protect the public not unlicensed contractors
D: holding that the oneyear bar contained in  2255 acts as an affirmative defense and not a jurisdictional bar
A.