Humana Inc. et al. v. Kennedy et al.

Docket No.
25-11293
Appellate Court
Fifth Circuit

Goal

  • Block enforcement of an agency action
  • Declaration that agency action is unlawful
  • Vacate agency action

Litigation Content

Why this Matters:

The plaintiffs argue that a federal rule on Medicare Advantage audits violates the Administrative Procedure Act. Implementing the new audit methodology could allow the federal government to recoup billions in overpayments associated with certain coding practices by Medicare Advantage plans. This appeal addresses whether the district court erred in granting the plaintiffs’ motion for summary judgment.

Potential Impact:

The inability to curb improper overpayments in the Medicare Advantage program would prevent the federal government from ensuring that taxpayer funds are spent appropriately. 

2 Major Filings

Litigation Information

Current Status

Briefing is ongoing

Important Date

Defendants' Opening Brief Due