American Hospital Association v. Becerra, No. 20-1114 [Arg: 11.30.2021]
(1) Whether deference under Chevron U.S.A. v. Natural Resources Defense Council permits the Department of Health and Human Services to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data; and (2) whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U.S.C. § 1395l(t)(12).
QUESTION PRESENTED:
(1) Whether deference under Chevron U.S.A. v. Natural Resources Defense Council permits the Department of Health and Human Services to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data; and
(2) whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U.S.C. § 1395l(t)(12).
(1) Whether deference under Chevron U.S.A. v. Natural Resources Defense Council permits the Department of Health and Human Services to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data; and
(2) whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U.S.C. § 1395l(t)(12).
Date Proceedings and Orders (key to color coding)
Feb 10 2021 | Petition for a writ of certiorari filed. (Response due March 15, 2021)
Feb 23 2021 | Brief amici curiae of 36 State and Regional Hospital Associations filed.
Mar 03 2021 | Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
Mar 04 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
Mar 12 2021 | Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed.
Mar 31 2021 | Brief amicus curiae of Federation of American Hospitals filed.
Apr 08 2021 | Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk.
Apr 09 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021.
Apr 13 2021 | Brief amicus curiae of Rural Hospital Coalition in support of respondent filed.
May 13 2021 | Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed.
May 28 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed)
Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U. S. C. §1395l(t)(12).
Jul 09 2021 | Blanket Consent filed by Petitioner, American Hospital Association, et al.
Jul 26 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 20, 2021.
Sep 03 2021 | Brief of petitioners American Hospital Association, et al. filed.
Sep 03 2021 | Joint appendix filed. (Statement of costs filed)
Sep 08 2021 | Brief amicus curiae of Pacific Legal Foundation filed.
Sep 09 2021 | Brief amici curiae of 37 State and Regional Hospital Associations filed.
Sep 10 2021 | Brief amicus curiae of Americans for Prosperity Foundation in support of neither party filed.
Sep 10 2021 | Brief amici curiae of National Association of Home Builders, et al. filed.
Sep 10 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
Sep 10 2021 | Brief amici curiae of Yale New Haven Health System, et al. filed.
Sep 10 2021 | Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Sep 10 2021 | Brief amicus curiae of New Civil Liberties Alliance filed.
Sep 10 2021 | Brief amici curiae of States of Indiana, et al. filed.
Sep 20 2021 | SET FOR ARGUMENT on Tuesday, November 30, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. D.C. Circuit.
Oct 01 2021 | The record received from the U.S.C.A. DC Circuit is electronic and located on Pacer, also received are transcripts that has been electronically filed.
Oct 20 2021 | Brief of respondents Xavier Becerra, Sec. of H&HS, et al. filed.
Oct 27 2021 | Brief amicus curiae of Rural Hospital Coalition filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of Federation of American Hospitals filed. (Distributed)
Oct 29 2021 | CIRCULATED
Nov 19 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed)
Nov 30 2021 | Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondents: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Feb 10 2021 | Petition for a writ of certiorari filed. (Response due March 15, 2021)
Feb 23 2021 | Brief amici curiae of 36 State and Regional Hospital Associations filed.
Mar 03 2021 | Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
Mar 04 2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
Mar 12 2021 | Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed.
Mar 31 2021 | Brief amicus curiae of Federation of American Hospitals filed.
Apr 08 2021 | Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk.
Apr 09 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021.
Apr 13 2021 | Brief amicus curiae of Rural Hospital Coalition in support of respondent filed.
May 13 2021 | Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed.
May 28 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed)
Jun 01 2021 | DISTRIBUTED for Conference of 6/17/2021.
Jun 21 2021 | DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021 | Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U. S. C. §1395l(t)(12).
Jul 09 2021 | Blanket Consent filed by Petitioner, American Hospital Association, et al.
Jul 26 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 20, 2021.
Sep 03 2021 | Brief of petitioners American Hospital Association, et al. filed.
Sep 03 2021 | Joint appendix filed. (Statement of costs filed)
Sep 08 2021 | Brief amicus curiae of Pacific Legal Foundation filed.
Sep 09 2021 | Brief amici curiae of 37 State and Regional Hospital Associations filed.
Sep 10 2021 | Brief amicus curiae of Americans for Prosperity Foundation in support of neither party filed.
Sep 10 2021 | Brief amici curiae of National Association of Home Builders, et al. filed.
Sep 10 2021 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
Sep 10 2021 | Brief amici curiae of Yale New Haven Health System, et al. filed.
Sep 10 2021 | Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
Sep 10 2021 | Brief amicus curiae of New Civil Liberties Alliance filed.
Sep 10 2021 | Brief amici curiae of States of Indiana, et al. filed.
Sep 20 2021 | SET FOR ARGUMENT on Tuesday, November 30, 2021.
Sep 27 2021 | Record requested from the U.S.C.A. D.C. Circuit.
Oct 01 2021 | The record received from the U.S.C.A. DC Circuit is electronic and located on Pacer, also received are transcripts that has been electronically filed.
Oct 20 2021 | Brief of respondents Xavier Becerra, Sec. of H&HS, et al. filed.
Oct 27 2021 | Brief amicus curiae of Rural Hospital Coalition filed. (Distributed)
Oct 27 2021 | Brief amicus curiae of Federation of American Hospitals filed. (Distributed)
Oct 29 2021 | CIRCULATED
Nov 19 2021 | Reply of petitioners American Hospital Association, et al. filed. (Distributed)
Nov 30 2021 | Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondents: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
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