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Asante v. Kennedy, Jr., Secretary of Health and Human Services

Certiorari Denied

Petition for certiorari denied on March 23, 2026.

Docket No.25-361
Op. BelowD.C. Cir.

Issue

Whether a state’s Medicaid program violates 42 C.F.R. § 431.52(b)’s equal-payment requirement by denying supplemental payments to out-of-state hospitals, thereby paying in-state hospitals more than out-of-state hospitals that furnish the same services to the state’s Medicaid patients.

Proceedings & orders timeline

Sep 17, 2025
Petition for a writ of certiorari filed. (Response due October 27, 2025)
Oct 24, 2025
Waiver of right of respondent Federal Respondents to respond filed.
Oct 29, 2025
DISTRIBUTED for Conference of 11/14/2025.
Nov 10, 2025
Response Requested. (Due December 10, 2025)
Nov 14, 2025
Motion to extend the time to file a response from December 10, 2025 to January 9, 2026, submitted to The Clerk.
Nov 18, 2025
Motion to extend the time to file a response is granted and the time is extended to and including January 9, 2026.
Dec 29, 2025
Motion to extend the time to file a response from January 9, 2026 to February 9, 2026, submitted to The Clerk.
Dec 31, 2025
Motion to extend the time to file a response is granted and the time is further extended to and including February 9, 2026.
Feb 9, 2026
Brief of Federal Respondents in opposition filed.
Feb 23, 2026
Reply of petitioners Asante, et al. filed. (Distributed)
Feb 25, 2026
DISTRIBUTED for Conference of 3/20/2026.
Mar 23, 2026
Petition DENIED.

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