Sebelius v. Auburn Regional Medical Center
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1231 | D.C. Cir. | Dec 4, 2012 | Jan 22, 2013 | 9-0 | Ginsburg | OT 2012 |
Holding: The 180-day statutory time limit for a hospital to appeal a final Medicare reimbursement is not "jurisdictional," but it is also not subject to equitable tolling.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on January 22, 2013. Justice Sotomayor wrote a concurring opinion.
SCOTUSblog Coverage
- Opinion recap: Saving the U.S. billions (Lyle Denniston, January 22, 2013)
- Argument recap: Jousting with Justice Ginsburg (Lyle Denniston, December 4, 2012)
- Argument preview: Hospitals, money, and missing a deadline (Lyle Denniston, December 3, 2012)
- Middle position on Medicare appeals (Lyle Denniston, July 24, 2012)
- Petition of the day (Matthew Bush, June 2, 2012)
| Date | Proceedings and Orders |
|---|---|
| 03/09/2012 | Application (11A864) to extend the time to file a petition for a writ of certiorari from March 19, 2012 to April 18, 2012, submitted to The Chief Justice. |
| 03/13/2012 | Application (11A864) granted by The Chief Justice extending the time to file until April 13, 2012. |
| 04/13/2012 | Petition for a writ of certiorari filed. (Response due May 14, 2012) |
| 05/14/2012 | Brief of respondent Auburn Regional Medical Center, et al. in opposition filed. |
| 05/29/2012 | DISTRIBUTED for Conference of June 14, 2012. |
| 05/30/2012 | Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed) |
| 06/18/2012 | DISTRIBUTED for Conference of June 21, 2012. |
| 06/25/2012 | Petition GRANTED. |
| 07/23/2012 | John F. Manning, Esquire, of Cambridge, Massachusetts, is invited to brief and argue this case, as amicus curiae, in support of the position that the 180-day statutory time limit for filing an appeal with the Provider Reimbursement Review Board from a final Medicare payment determination made by a fiscal intermediary, 42 U. S. C. |
| 08/03/2012 | The brief of the Court-appointed amicus curiae is to be filed on or before August 31, 2012. |
| 08/03/2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2012. |
| 08/03/2012 | The time to file respondents' brief on the merits is extended to and including October 16, 2012. |
| 08/31/2012 | Brief of Court-Appointed amicus curiae filed. |
| 09/11/2012 | Joint appendix filed. (Statement of costs received.) |
| 09/11/2012 | Brief of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. |
| 09/14/2012 | SET FOR ARGUMENT ON Tuesday, December 4, 2012. |
| 09/14/2012 | Brief amicus curiae of Professor Scott Dodson in support of neither party filed. |
| 10/03/2012 | Record received from U.S.C.A. for District f Columbia Circuit. (1 box) |
| 10/05/2012 | Record from U.S.D.C. for the District of Columbia is electronic. |
| 10/16/2012 | Brief of respondents Auburn Regional Medical Center, et al. filed. (Distributed) |
| 10/17/2012 | CIRCULATED. |
| 10/19/2012 | Brief amicus curiae of Benjamin N. Cardozo School of Law Tax Clinic filed. (Distributed) |
| 10/23/2012 | Brief amicus curiae of American Hospital Association filed. (Distributed) |
| 10/23/2012 | Brief amicus curiae of Southwest Consulting Associates, LP filed. (Distributed) |
| 10/23/2012 | Brief amicus curiae of Quality Reimbursement Services, Inc. filed. (Distributed) |
| 10/23/2012 | Motion of Court-Appointed amicus curiae for divided argument filed. |
| 11/13/2012 | Motion of Court-Appointed amicus curiae for divided argument GRANTED. |
| 11/15/2012 | Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed) |
| 11/15/2012 | Reply of Court-Appointed amicus curiae filed. (Distributed) |
| 12/04/2012 | Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-Appointed amicus curiae: John F. Manning, Cambridge, Mass. (Appointed by this Court.) For respondent: Robert L. Roth, Washington, D. C. |
| 01/22/2013 | Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion. |
| 02/25/2013 | JUDGMENT ISSUED. |
| 04/02/2013 | Record returned to U.S.C.A. for District of Columbia Circuit. |
Holding: The 180-day statutory time limit for a hospital to appeal a final Medicare reimbursement is not “jurisdictional,” but it is also not subject to equitable tolling.
Judgment:”Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on January 22, 2013. Justice Sotomayor wrote a concurring opinion.