American Hospital Association v. Becerra
Holding
The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 does not preclude judicial review of the reimbursement rates set by the Department of Health and Human Services for certain outpatient prescription drugs that hospitals provide to Medicare patients; in this case, because HHS did not conduct a survey of hospitals' acquisition costs in 2018 and 2019, its decision to vary reimbursement rates only for 340B hospitals in those years was unlawful.
Judgment
Reversed and remanded, 9-0, in an opinion by Brett Kavanaugh on Jun 15, 2022.
Feb 10, 2021Petition for a writ of certiorari filed. (Response due March 15, 2021)Feb 23, 2021Brief amici curiae of 36 State and Regional Hospital Associations filed.Mar 3, 2021Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk.
Mar 4, 2021Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021.
Mar 12, 2021Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed.Mar 31, 2021Brief amicus curiae of Federation of American Hospitals filed.Apr 8, 2021Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk.Apr 9, 2021Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021.
Apr 13, 2021Brief amicus curiae of Rural Hospital Coalition in support of respondent filed.May 13, 2021Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed.May 28, 2021Reply of petitioners American Hospital Association, et al. filed. (Distributed)Jun 1, 2021DISTRIBUTED for Conference of 6/17/2021.
Jun 21, 2021DISTRIBUTED for Conference of 6/24/2021.
Jul 1, 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 2, 2021Petition 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 9, 2021Blanket Consent filed by Petitioner, American Hospital Association, et al.Jul 26, 2021Motion for an extension of time to file the briefs on the merits filed.Jul 28, 2021Motion 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 3, 2021Brief of petitioners American Hospital Association, et al. filed.Sep 3, 2021Joint appendix filed. (Statement of costs filed)Sep 8, 2021Brief amicus curiae of Pacific Legal Foundation filed.Sep 9, 2021Brief amici curiae of 37 State and Regional Hospital Associations filed.Sep 10, 2021Brief amicus curiae of Americans for Prosperity Foundation in support of neither party filed.Sep 10, 2021Brief amici curiae of National Association of Home Builders, et al. filed.Sep 10, 2021Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.Sep 10, 2021Brief amici curiae of Yale New Haven Health System, et al. filed.Sep 10, 2021Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.Sep 10, 2021Brief amicus curiae of New Civil Liberties Alliance filed.Sep 10, 2021Brief amici curiae of States of Indiana, et al. filed.Sep 20, 2021SET FOR ARGUMENT on Tuesday, November 30, 2021.
Sep 27, 2021Record requested from the U.S.C.A. D.C. Circuit.
Oct 1, 2021The 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, 2021Brief of respondents Xavier Becerra, Sec. of H&HS, et al. filed.Oct 27, 2021Brief amicus curiae of Rural Hospital Coalition filed. (Distributed)Oct 27, 2021Brief amicus curiae of Federation of American Hospitals filed. (Distributed)Oct 29, 2021CIRCULATED
Nov 19, 2021Reply of petitioners American Hospital Association, et al. filed. (Distributed)Nov 30, 2021Argued. 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.
Jun 15, 2022Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court.
Jul 18, 2022JUDGMENT ISSUED
Recommended Citation: American Hospital Association v. Becerra, SCOTUSblog, https://www.scotusblog.com/cases/american-hospital-association-v-becerra-2/