Azar v. Allina Health Services
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-1484 | D.C. Cir. |
Jan 15, 2019 Tr.Aud. |
Jun 2, 2019 | 7-1 | Gorsuch | OT 2018 |
Holding: Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
Judgment: Affirmed, 7-1, in an opinion by Justice Gorsuch on June 2, 2019. Justice Breyer filed a dissenting opinion. Justice Kavanaugh took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: Notice and comment under the Medicare Act, no big moves for the APA (Abbe R. Gluck and Anne Joseph O’Connell)
- Argument analysis: Justices grapple with notice-and-comment rulemaking for Medicare and beyond (Abbe R. Gluck and Anne Joseph O’Connell)
- Argument preview: Requiring notice and comment under the Medicare statute (Abbe R. Gluck and Anne Joseph O’Connell)
- Petition of the day (Aurora Barnes)
| Date | Proceedings and Orders |
|---|---|
| Feb 16 2018 | Application (17A880) to extend the time to file a petition for a writ of certiorari from February 27, 2018 to March 29, 2018, submitted to The Chief Justice. |
| Feb 21 2018 | Application (17A880) granted by The Chief Justice extending the time to file until March 29, 2018. |
| Mar 19 2018 | Application (17A880) to extend further the time to file a petition for a writ of certiorari from March 29, 2018 to April 27, 2018, submitted to The Chief Justice. |
| Mar 22 2018 | Application (17A880) granted by The Chief Justice extending the time to file until April 27, 2018. |
| Apr 27 2018 | Petition for a writ of certiorari filed. (Response due May 30, 2018) |
| May 23 2018 | Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk. |
| May 24 2018 | Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2018. |
| Jun 19 2018 | Brief of respondents Allina Health Services, et al. in opposition filed. |
| Jul 03 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Jul 05 2018 | Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed) |
| Sep 27 2018 | Petition GRANTED limited to the following question: Whether 42 U. S. C. §1395hh(a)(2) or §1395hh(a)(4) required the Department of Health and Human Services to conduct notice-and-comment rulemaking before providing the challenged instructions to a Medicare Administrator Contractor making initial determinations of payments due under Medicare. |
| Oct 19 2018 | Justice Kavanaugh is recused in this case. |
| Nov 13 2018 | Joint appendix filed. |
| Nov 13 2018 | Brief of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. |
| Nov 28 2018 | SET FOR ARGUMENT ON Tuesday, January 15, 2019 |
| Nov 30 2018 | CIRCULATED |
| Dec 11 2018 | Record requested from the U.S.C.A. District of Columbia Circuit. |
| Dec 13 2018 | Brief of respondents Allina Health Services, et al. filed. (Distributed) |
| Dec 14 2018 | Record received from the U.S.C.A. Dist. of Columbia Circuit is electronic and located on PACER, with the exception of the transcript of the Oral Argument which is electronic. |
| Dec 20 2018 | Brief amici curiae of American Medical Association and Medical Society of the District of Columbia filed. (Distributed) |
| Dec 20 2018 | Brief amici curiae of American Hospital Association, et al. filed. (Distributed) |
| Dec 20 2018 | Brief amici curiae of 77 Hospitals and Southwest Consulting Associates filed. (Distributed) |
| Dec 20 2018 | Brief amici curiae of Catholic Health, et al. filed. (Distributed) |
| Dec 20 2018 | Brief amici curiae of Fourteen State and Regional Hospital Associations filed. (Distributed) |
| Jan 08 2019 | Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed) |
| Jan 15 2019 | Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Pratik A. Shah, Washington, D. C. |
| Jun 03 2019 | Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion. Kavanaugh, J., took no part in the consideration or decision of the case. |
| Jul 05 2019 | JUDGMENT ISSUED. |
Submit Event
