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American Hospital Association v. Becerra
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-1114 | D.C. Cir. | Nov 30, 2021 | Jun 15, 2022 | 9-0 | Kavanaugh | OT 2021 |
Holding: The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 does not preclude judicial review of the reimbursement rates set by the Department of Health and Human Services for certain outpatient prescription drugs that hospitals provide to Medicare patients; in this case, because HHS did not conduct a survey of hospitals’ acquisition costs in 2018 and 2019, its decision to vary reimbursement rates only for 340B hospitals in those years was unlawful.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Kavanaugh on June 15, 2022.
SCOTUSblog Coverage
- In an opinion that shuns Chevron, the court rejects a Medicare cut for hospital drugs (James Romoser, June 15, 2022)
- Announcement of opinions for Wednesday, June 15 (complete) (Angie Gou, June 15, 2022)
- Justices mull Chevron and voice skepticism of Medicare’s rate cut for hospital drugs (Nicholas Bagley, November 30, 2021)
- Chevron deference at stake in fight over payments for hospital drugs (Nicholas Bagley, November 29, 2021)
- Major abortion case set for argument on Dec. 1 (Amy Howe, September 20, 2021)
- Justices add one religious-rights case to docket but turn down another (Amy Howe, July 2, 2021)
- Mopping up final business with 13 new relists (John Elwood, July 1, 2021)
- Immigration, takings, administrative law and the kitchen sink (John Elwood, June 24, 2021)
| Date | Proceedings and Orders |
|---|---|
| Feb 10 2021 | Petition for a writ of certiorari filed. (Response due March 15, 2021) |
| Feb 23 2021 | Brief amici curiae of 36 State and Regional Hospital Associations filed. |
| Mar 03 2021 | Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk. |
| Mar 04 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021. |
| Mar 12 2021 | Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed. |
| Mar 31 2021 | Brief amicus curiae of Federation of American Hospitals filed. |
| Apr 08 2021 | Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk. |
| Apr 09 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021. |
| Apr 13 2021 | Brief amicus curiae of Rural Hospital Coalition in support of respondent filed. |
| May 13 2021 | Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed. |
| May 28 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed) |
| Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021. |
| Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021. |
| Jul 02 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U. S. C. §1395l(t)(12). |
| Jul 09 2021 | Blanket Consent filed by Petitioner, American Hospital Association, et al. |
| Jul 26 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 20, 2021. |
| Sep 03 2021 | Brief of petitioners American Hospital Association, et al. filed. |
| Sep 03 2021 | Joint appendix filed. (Statement of costs filed) |
| Sep 08 2021 | Brief amicus curiae of Pacific Legal Foundation filed. |
| Sep 09 2021 | Brief amici curiae of 37 State and Regional Hospital Associations filed. |
| Sep 10 2021 | Brief amicus curiae of Americans for Prosperity Foundation in support of neither party filed. |
| Sep 10 2021 | Brief amici curiae of National Association of Home Builders, et al. filed. |
| Sep 10 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. |
| Sep 10 2021 | Brief amici curiae of Yale New Haven Health System, et al. filed. |
| Sep 10 2021 | Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. |
| Sep 10 2021 | Brief amicus curiae of New Civil Liberties Alliance filed. |
| Sep 10 2021 | Brief amici curiae of States of Indiana, et al. filed. |
| Sep 20 2021 | SET FOR ARGUMENT on Tuesday, November 30, 2021. |
| Sep 27 2021 | Record requested from the U.S.C.A. D.C. Circuit. |
| Oct 01 2021 | The record received from the U.S.C.A. DC Circuit is electronic and located on Pacer, also received are transcripts that has been electronically filed. |
| Oct 20 2021 | Brief of respondents Xavier Becerra, Sec. of H&HS, et al. filed. |
| Oct 27 2021 | Brief amicus curiae of Rural Hospital Coalition filed. (Distributed) |
| Oct 27 2021 | Brief amicus curiae of Federation of American Hospitals filed. (Distributed) |
| Oct 29 2021 | CIRCULATED |
| Nov 19 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed) |
| Nov 30 2021 | Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondents: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 15 2022 | Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. |
| Jul 18 2022 | JUDGMENT ISSUED |
