Becerra v. Empire Health Foundation, No. 20-1312 [Arg: 11.29.2021]
Whether, for purposes of calculating additional payment for hospitals that serve a “significantly disproportionate number of low-income patients,” the secretary of health and human services has permissibly included in a hospital’s Medicare fraction all of the hospital’s patient days of individuals who satisfy the requirements to be entitled to Medicare Part A benefits, regardless of whether Medicare paid the hospital for those particular days.
QUESTION PRESENTED:
Whether, for purposes of calculating additional payment for hospitals that serve a “significantly disproportionate number of low-income patients,” the secretary of health and human services has permissibly included in a hospital’s Medicare fraction all of the hospital’s patient days of individuals who satisfy the requirements to be entitled to Medicare Part A benefits, regardless of whether Medicare paid the hospital for those particular days.
Date Proceedings and Orders
Mar 19 2021 | Petition for a writ of certiorari filed. (Response due April 19, 2021)
Mar 30 2021 | Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
Mar 31 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021.
May 19 2021 | Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center in opposition filed.
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021 | Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED.
Jul 19 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 21 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 1, 2021. The time to file respondent's brief on the merits is extended to and including October 18, 2021.
Sep 01 2021 | Brief of petitioner Becerra, Xavier, Secretary of Health and Human Services filed.
Sep 01 2021 | Joint appendix filed.
Sep 08 2021 | Brief amicus curiae of Americans for Prosperity Foundation in Support of Neither Party filed.
Sep 20 2021 | SET FOR ARGUMENT on Monday, November 29, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 9th Circuit.
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 18 2021 | Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center filed.
Oct 25 2021 | Brief amicus curiae of The Federation of American Hospitals filed.
Oct 25 2021 | Brief amici curiae of Certain Hospitals and Hospital Systems filed.
Oct 29 2021 | CIRCULATED
Nov 17 2021 | Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Nov 23 2021 | Letter regarding statistics in reply brief on the merits filed by petitioner. (Distributed)
Nov 29 2021 | Argued. For petitioner: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Daniel J. Hettich, Washington, D. C.
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Whether, for purposes of calculating additional payment for hospitals that serve a “significantly disproportionate number of low-income patients,” the secretary of health and human services has permissibly included in a hospital’s Medicare fraction all of the hospital’s patient days of individuals who satisfy the requirements to be entitled to Medicare Part A benefits, regardless of whether Medicare paid the hospital for those particular days.
Date Proceedings and Orders
Mar 19 2021 | Petition for a writ of certiorari filed. (Response due April 19, 2021)
Mar 30 2021 | Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
Mar 31 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021.
May 19 2021 | Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center in opposition filed.
Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jun 08 2021 | Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED.
Jul 19 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 21 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 1, 2021. The time to file respondent's brief on the merits is extended to and including October 18, 2021.
Sep 01 2021 | Brief of petitioner Becerra, Xavier, Secretary of Health and Human Services filed.
Sep 01 2021 | Joint appendix filed.
Sep 08 2021 | Brief amicus curiae of Americans for Prosperity Foundation in Support of Neither Party filed.
Sep 20 2021 | SET FOR ARGUMENT on Monday, November 29, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. 9th Circuit.
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 18 2021 | Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center filed.
Oct 25 2021 | Brief amicus curiae of The Federation of American Hospitals filed.
Oct 25 2021 | Brief amici curiae of Certain Hospitals and Hospital Systems filed.
Oct 29 2021 | CIRCULATED
Nov 17 2021 | Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
Nov 23 2021 | Letter regarding statistics in reply brief on the merits filed by petitioner. (Distributed)
Nov 29 2021 | Argued. For petitioner: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Daniel J. Hettich, Washington, D. C.