Inactive Case

University of Kansas Hospital Authority et al. v. Becerra

Docket No.
19-5353
Appellate Court
District of Columbia Circuit

Goal

  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters:

The Plaintiffs argue that a Medicare payment regulation lowering the payment rates for outpatient care provided at off-site hospital departments to match the rate for similar services at independent physician offices violates the Administrative Procedure Act. In this appeal, the Defendant argues that the district court erred in finding that the regulation was outside the authority of the Department of Health and Human Services.

Potential Impact:

Medicare’s ability to make certain site neutral payment adjustments can help promote federal savings and lower health care costs for patients.

17 Major Filings

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Related Litigation

Current Status

Cert denied

Legal Issues

Ultra Vires

Amicus Briefs for Defendant(s)

Digestive Health Physicians Association et al.

Date Filed
December 13, 2019
Case Type
Civil
Court Type
Appellate Court
Court
District of Columbia Circuit
Judge
Srinivasan, Sri; Garland, Merrick; Millett, Patricia
Plaintiff(s)
American Hospital Association; Association of American Medical Colleges; Mercy Health Muskegon; Clallam County Public Hospital No. 2; York Hospital; University of Kansas Hospital Authority; Columbus Regional Healthcare System; Copley Memorial Hospital, Inc.; East Baton Rouge Medical Center, LLC; Fayette Community Hospital, Inc.; Florida Health Sciences, Inc.; Montefiore Health System, Inc.; Northwest Medical Center; Ochsner Clinic Foundation; OSF Healthcare System; Piedmont Athens Medical Center, Inc.; Piedmont Hospital, Inc.; Piedmont Mountainside Hospital, Inc.;
Piedmont Newnan Hospital, Inc.; Rush Oak Park Hospital, Inc.; Rush University Medical Center; Sarasota Memorial Hospital; Charlotte-Mecklenburg Hospital Authority; Rector and Visitors of the University of Virginia; Vanderbilt University Medical Center; Scotland Health Care System; Hackensack Meridian Health; Barnes-Jewish Hospital; Barnes-Jewish West County Hospital; Central Vermont Medical
Center, Inc.; Franciscan Missionaries of Our Lady Health System, Inc.; Heartland
Regional Medical Center; Missouri Baptist Medical Center; NYU Langone Health
System; NYU Winthrop Hospital; Progress West Healthcare Center; Shannon Medical
Center; Southwest General Health Center; Stanford Health Care; Tarrant County Hospital District; Wooster Community Hospital Auxiliary, Inc.; University Hospitals Health System, Inc.; University of Vermont Medical Center
Lead Counsel For Plaintiff(s)
King and Spalding LLP
Defendant(s)
Xavier Becerra
Lead Counsel for Defendant(s)
Government