Inactive Case

American Hospital Association et al. v. Xavier Becerra et al.

Docket No.
19-5198
Appellate Court
D.C. Circuit

Goal

  • Award restitution
  • Block enforcement of an agency action
  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters:

The plaintiffs argue that federal Medicare reimbursement rules adopted by the Department of Health and Human Services imposing payment cuts to hospitals participating in the 340B Drug Pricing Program violate the Social Security Act and Administrative Procedure Act. The growth of the 340B program and practices by certain providers have magnified the significance of potential actions Medicare can take to contain health care costs. This appeal addresses whether the district court erred in finding that HHS exceeded its statutory authority when it adjusted 340B reimbursement rates without conducting a survey.

 

Potential Impact:

Restricting the authority of Medicare to implement certain payment cuts with respect to 340B hospitals would remove one avenue to combatting potential abuse of the program.

32 Major Filings

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Related Litigation

Current Status

Decision issued

Legal Issues

Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Arbitrary and Capricious, Administrative Procedure Act - Lack of Statutory Authority, Social Security Act

Amicus Briefs for Defendant(s)

Federation of American Hospitals

Date Filed
July 11, 2019
Case Type
Civil
Court Type
Appellate Court
Court
D.C. Circuit
Judge
Srinivasan, Sri; Millet, Patricia A.; Pillard, Cornelia, T.L.
Plaintiff(s)
American Hospital Association; Association of American Medical Colleges; America's Essential Hospitals; Northern Light Health; Henry Ford Health; Fletcher Hospital, Inc. d/b/a AdventHealth Hendersonville
Lead Counsel For Plaintiff(s)
Zuckerman Spaeder LLP
Defendant(s)
Xavier Becerra; Department of Health and Human Services
Lead Counsel for Defendant(s)
Government