Michigan Department of Community Health v. Sebelius
Petition for certiorari denied on March 18, 2013
Issue: (1) Whether the Centers for Medicare and Medicaid Services correctly calculated psychiatric-hospital reimbursement payments in fiscal years 2003 through 2008 based on a permissible interpretation of 42 U.S.C. § 1395ww(b)(3)(A)(ii) and the agency’s implementing regulation; and
(2) whether the Court should revisit the rule articulated in Auer v. Robbins, of deferring to an agency’s interpretation of its own regulations.