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Marietta Memorial Hospital Employee Health Benefit Plan v. Davita, Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1641 6th Cir. TBD TBD TBD TBD TBD

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.

SCOTUSblog Coverage

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.