State of Mississippi et al. v. Kennedy et al.

Docket No.
1:22-cv-00113
District Court
Mississippi Southern

Goal

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

Issues

Why this Matters

The plaintiffs argue that a Medicare regulation aiming to promote greater health equity and combat racism violates the Medicare Access and CHIP Reauthorization Act of 2015 and exceeds executive authority. The rule advances health equity by incentivizing physicians to create and implement an anti-racism plan, with the goal of identifying gaps in care and creating a plan to address these gaps. If federal agencies are blocked from creating these types of optional incentives, it will be even more challenging to comprehensively address racial inequities in our health care system.

Potential Impact

Restrictions on the ability to issue regulations to advance health equity would hamper the federal government’s ability to address gaps in care.

News And Analysis (1)

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Related Litigation

Current Status

Case Stayed

Important Date

Joint Status Report Due

Legal Issues

Ultra Vires, Administrative Procedure Act - Contrary to Law

Amicus Briefs for Defendant(s)

Greensboro Health Disparities Collaborative et al.; American Medical Association et al.; Robert Wood Johnson Foundation

Date Filed
May 5, 2022
Case Type
Civil
Court Type
District Court
Court
Mississippi Southern
Court Division
Southern
Judge
Ozerden, Halil S. Appointed By: George W. Bush
Plaintiff(s)
State of Mississippi; State of Alabama; State of Arkansas; Commonwealth of Kentucky; State of Louisiana; State of Missouri; State of Montana
Lead Counsel For Plaintiff(s)
Government
Defendant(s)
Robert F. Kennedy Jr.; Department of Health and Human Services; Mehmet Oz; Centers for Medicare and Medicaid Services; United States
Lead Counsel for Defendant(s)
Government