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Issue / Topic: Health Care Affordability

Site-Neutral Payments

Site-based payment differentials for health care services have been identified as one factor that drives up health care costs for patients and increases commercial and public health care spending. Additionally, these differentials have contributed to a rise in consolidation between hospitals and physicians’ practices, which has exacerbated issues related to health care costs and spending. Efforts to adopt site-neutral payment measures aimed at equalizing reimbursement rates for the same health services regardless of where those services are received, however, continue to face litigation challenges, especially from hospital organizations and providers.

Tracker Trends
Trends Overview ›
340B Program21
Equity53
  • Affordable Care Act (Section 1557)27
Federal Health Funding59
  • Funding Termination/Cuts30
  • Health Information2
  • Indirect Cost Rate Cuts7
  • Medicaid12
  • Reproductive Health12
Health Care Affordability64
  • Anticompetitive Practices29
    • Anticompetitive Contracting10
    • Insurer Practices6
    • Provider Consolidation11
  • Cost Containment15
  • Medical Debt4
  • Site-Neutral Payments9
  • Staffing Standards7
Medicare Advantage38
  • Artificial Intelligence2
  • Coding Practices10
  • Coverage Denials6
  • Enrollment Practices1
  • Star Ratings21
Prescription Drug Pricing42
  • Drug Specific Access Laws5
  • Drug Transparency Laws2
  • Medicare Drug Price Negotiation24
  • Prescription Drug Affordability Boards4
  • Price Gouging Laws7
Private Health Insurance115
  • Affordable Care Act46
    • Copay Accumulators3
    • Employer Mandate2
    • Marketplace Rules11
    • Non-ACA Coverage12
    • Preventive Services16
  • Artificial Intelligence1
  • Ghost Networks7
  • No Surprises Act59
    • Arbitration Awards/Conduct40
    • Arbitration Regulations10
    • Constitutional Challenges5
    • Qualifying Payment Amount5
Reproductive Health54
  • EMTALA7
  • Federal Health Funding12
  • HIPAA Privacy Protections5
  • Medication Abortion18
  • Right to Travel7
Transparency and Quality9
9 tracked cases
Sub Issues
  • Overview
  • Anticompetitive Practices (29)
  • Cost Containment (15)
  • Site-Neutral Payments (9)
  • Staffing Standards (7)
  • Medical Debt (4)

Litigation trends for Site-Neutral Payments

Who's Suing

Plaintiff by Type

Who's Being Sued

Defendant by Type

Who's Suing

Plaintiff by Type

Who's Being Sued

Defendant by Type

Legal Issues

Statutes & Doctrines Cited

Legal Issues

Statutes & Doctrines Cited

Geographic Trends

1 active district court

1 active circuit court

  • 1st Circuit
  • 2nd Circuit
  • 3rd Circuit
  • 4th Circuit
  • 5th Circuit
  • 6th Circuit
  • 7th Circuit
  • 8th Circuit
  • 9th Circuit
  • 10th Circuit
  • 11th Circuit
  • D.C. Circuit
  • Fed. Circuit

Not shown: Puerto Rico (First Circuit), the U.S. Virgin Islands (Third Circuit), and Guam and the Northern Mariana Islands (Ninth Circuit).

Court Level

Appellate District
3 (33%) 6 (67%)

Status

Who's Presiding

District Court Cases by Appointing President

Reflects district court judges only.

All trend data is based solely on the cases on this website; if you want to recommend a new case to include, please let us know at hpli@georgetown.edu.

Site-Neutral Payments Cases We're Tracking

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Inactive Case

1:19-cv-00705

New Lifecare Hospitals of Chester County LLC et al. v. Azar

Filed:
March 13, 2019
Status
Decision issued
Court
District of Columbia
Goal
Award damages +1 additional goal(s)
  • Health Care Affordability
  • Site-Neutral Payments
Inactive Case

1:18-cv-02841

American Hospital Association et al. v. Becerra

Filed:
December 4, 2018
Status
Decision issued

Reversed on appeal

Court
District of Columbia
Goal
Declaration that agency action is unlawful
  • Health Care Affordability
  • Site-Neutral Payments
Inactive Case

1:19-cv-00132

University of Kansas Hospital Authority et al. v. Azar

Filed:
January 18, 2019
Status
Decision issued

Reversed on appeal

Court
District of Columbia
Goal
Declaration that agency action is unlawful
  • Health Care Affordability
  • Site-Neutral Payments
Inactive Case

1:20-cv-00075

University Of Kansas Hospital Authority et al. v. Becerra

Filed:
January 10, 2020
Status
Case dismissed
Court
District of Columbia
Goal
Declaration that agency action is unlawful
  • Health Care Affordability
  • Site-Neutral Payments
Inactive Case

1:19-cv-01745

Hackensack Meridian Health et al. v. Azar

Filed:
June 14, 2019
Status
Decision issued
Court
District of Columbia
Goal
Block enforcement of an agency action +1 additional goal(s)
  • Health Care Affordability
  • Site-Neutral Payments
Inactive Case

19-5354

Hackensack Meridian Health et al. v. Becerra

Filed:
December 13, 2019
Status
Cert denied
Court
D.C. Circuit
Goal
Declaration that agency action is unlawful
  • Health Care Affordability
  • Site-Neutral Payments
Inactive Case

19-5352

American Hospital Association et al. v. Becerra

Filed:
December 13, 2019
Status
Cert denied
Court
D.C. Circuit
Goal
Block enforcement of an agency action +1 additional goal(s)
  • Health Care Affordability
  • Site-Neutral Payments
Inactive Case

1:20-cv-00080

American Hospital Association et al. v. Azar

Filed:
January 13, 2020
Status
Case Dismissed
Court
District of Columbia
Goal
Declaration that agency action is unlawful
  • Health Care Affordability
  • Site-Neutral Payments
Inactive Case

19-5353

University of Kansas Hospital Authority et al. v. Becerra

Filed:
December 13, 2019
Status
Cert denied
Court
D.C. Circuit
Goal
Declaration that agency action is unlawful
  • Health Care Affordability
  • Site-Neutral Payments

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