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Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
20-1641 6th Cir. Mar 1, 2022 TBD TBD TBD OT 2021

Issues: (1) Whether a group health plan that provides uniform reimbursement of all dialysis treatments observe the prohibition provided by the Medicare Secondary Payer Act that group health plans may not “take into account” the fact that a plan participant with end stage renal disease is eligible for Medicare benefits; (2) whether a plan that provides the same dialysis benefits to all plan participants, and reimburses dialysis providers uniformly regardless of whether the patient has end stage renal disease, observe the prohibition under the Medicare Secondary Payer Act that a group health plan also may not “differentiate” between individuals with end stage renal disease and others “in the benefits it provides”; and (3) whether the Medicare Secondary Payer Act is a coordination-of-benefits measure designed to protect Medicare, not an antidiscrimination law designed to protect certain providers from alleged disparate impact of uniform treatment.

DateProceedings and Orders (key to color coding)
May 21 2021Petition for a writ of certiorari filed. (Response due June 24, 2021)
Jun 24 2021Waiver of right of respondent Davita Inc., et al. to respond filed.
Jun 30 2021DISTRIBUTED for Conference of 9/27/2021.
Jul 21 2021Response Requested. (Due August 20, 2021)
Aug 05 2021Motion to extend the time to file a response from August 20, 2021 to September 20, 2021, submitted to The Clerk.
Aug 06 2021Motion to extend the time to file a response is granted and the time is extended to and including September 20, 2021.
Sep 20 2021Brief of respondents Davita Inc., et al. in opposition filed.
Oct 04 2021Reply of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed. (Distributed)
Oct 06 2021DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
Nov 05 2021Petition GRANTED.
Dec 17 2021ARGUMENT SET FOR Tuesday, March 1, 2022.
Dec 20 2021Brief of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed.
Dec 20 2021Joint appendix filed. (Statement of costs filed)
Dec 21 2021Record requested from the U.S.C.A. 6th Circuit.
Dec 22 2021Brief amici curiae of Pacific Health Coalition, et al. filed.
Dec 23 2021Brief amicus curiae of United States filed.
Dec 23 2021Brief amicus curiae of Self-Insurance Institute of America, Inc. filed.
Dec 27 2021The record received from the U.S.C.A. 6th Circuit has been electronically filed.
Jan 18 2022CIRCULATED
Jan 19 2022Brief of respondents Davita Inc., et al. filed. (Distributed)
Jan 24 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Jan 26 2022Brief amicus curiae of Congressman William Thomas filed. (Distributed)
Jan 26 2022Brief amicus curiae of Kidney Care Partners filed. (Distributed)
Jan 26 2022Brief amicus curiae of Thomas A. Scully filed. (Distributed)
Jan 26 2022Brief amicus curiae of National Association for the Advancement of Colored People filed. (Distributed)
Jan 26 2022Brief amici curiae of Kidney Care Council and Renal Healthcare Association filed. (Distributed)
Jan 26 2022Brief amicus curiae of Dialysis Patient Citizens filed. (Distributed)
Jan 28 2022Corrected proof of service with respect to vrief amicus curiae of National Association for the Advancement of Colored People filed.
Feb 02 2022Letter of respondents to Clerk regarding disclaimer filed.
Feb 18 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Feb 18 2022Reply of petitioners Marietta Memorial Hospital Employee Health Benefit Plan, et al. filed. (Distributed)
Mar 01 2022Argued. For petitioners: John J. Kulewicz, Columbus, Ohio. For United States, as amicus curiae: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Seth P. Waxman, Washington, D. C.