Litigation

Order Granting Motion to Dismiss (Feb. 17, 2021)

Plaintiffs' Response to Order to Show Cause, Opposition to Defendants' Motion to Dismiss, and Reply in Support of Plaintiffs' Motion for a Preliminary Injunction (Jan. 25, 2021)

Order to show Cause RE: Dismissal for Lack of Subject-Matter Jurisdiction (Jan. 13, 2021)

Associations and Hospitals Complaint to compel HHS Action to Address 340B Contract Pharmacy Issue (Dec. 11, 2020)

• Associations and Hospitals Motion for Preliminary Injunction (Dec. 11, 2020)
• Summons to HHS (Dec. 11, 2020)

Reply in Support of Appellants’ Emergency Motion for Stay (December 24, 2020)

Appellee U.S. Opposition to Emergency Motion to Stay (December 23, 2020)

Hospitals’ Emergency Motion for Stay (December 21, 2020)

• Exhibit 1
• Exhibit 2
• Exhibit 3

Hospital Group Responds to Government’s Notice About Recent Guidance (October 2, 2020)

Government Notifies Court of Recently Released Guidance on Negotiated Charges Rule Implementation (October 1, 2020)

Government Responds to Hospital Group Letter on the Executive Order (October 1, 2020)

Hospital Group Notifies Court of Recent Price Transparency Executive Order (September 25, 2020)

Govt. Responds to Hospital Groups’ Previous Notice to the Court about Additional Disclosure Required In 2021 IPPS Final Rule (September 25, 2020)

Hospital Group Notifies Court of Relevant Supplemental Authority (September 21, 2020)

Hospital Groups Reply to Government (August 28 2020)

Government’s Reply Brief In Negotiated Charges Appeal (August 14, 2020)

Hospital Associations Amicus Brief in Negotiated Charges Appeal (July 24, 2020)

US Chamber Amicus Brief in Negotiated Charges Appeal (July 24, 2020)

HFMA Amicus Brief in Negotiated Charges Appeal (July 24, 2020)

Opening Appeals Brief (July 17, 2020)

D.C. Circuit’s Order Adopting AHA Recommended Expedited Briefing Schedule for Appeal (July 7, 2020)

Motion to Expedite Appeal (July 3, 2020)

Notice of Appeal (June 23, 2020)

Court Decision in Disclosure of Negotiated Charges Lawsuit (June 23, 2020)

Government’s Reply Brief in Disclosure of Negotiated Charges Lawsuit (March 24, 2020)

Court Sets April 22 Hearing Date in AHA’s Challenge to the Rule Requiring Hospitals to Disclose Negotiated Charges (March 5., 2020)

US Chamber of Commerce Files Amicus Brief Supporting Legal Challenge to Rule Requiring Disclosure of Negotiated Charges (Feb. 28. 2020)

AHA Reply Brief in Case to Prevent Disclosure of Negotiated Contracts (Feb. 28, 2020)

Amicus Brief of the State Hospital Associations in Support of AHA Lawsuit Challenging Disclosure of Negotiated Charges Rule (Feb. 28, 2020)

Government Moves for Summary Judgement in Disclosure of Negotiated Charges Lawsuit (Feb. 4, 2020)

Scheduling Order Signed by Judge Nichols (Dec. 18, 2019)

Joint Motion for Scheduling Order (December 13, 2019)

AHA, Hospital Group Brief in Support of Their Motion for Summary Judgment (Dec. 9, 2019)

Hospital Groups File Lawsuit Over Illegal Rule Mandating Public Disclosure of Individually Negotiated Rates, December 4, 2019

AHA Reply to Government Related to Petition for Cert at US Supreme Court (May 28, 2021)

Amicus Brief-State and Regional Hospital Associations (Feb. 23, 2021)

AHA Asks U.S. Supreme Court to Hear Case Hospital Outpatient Payment Cuts (Feb. 10, 2021)

Joint Status Report to the Court (Dec. 11, 2020)

Hospital Groups Petition for Rehearing Re: Site Neutral Payment Policy (August 31, 2020)

Decision from the Appeals Court Re: Site Neutral Payment Policy (July 17, 2020)

Government’s Reply in the Site Neutral 2020 Lawsuit (March 12, 2020)

Government’s Reply in Appeal of Its Site Neutral Loss (March 11, 2020)

AHA Responds to the Government’s Opposition Brief/Cross-Motion in the 2020 Site Neutral Rulemaking Challenge (March 3, 2020)

Government’s Opposition Brief/Cross-Motion in the 2020 Site Neutral Rulemaking Challenge (Feb 18, 2020)

Appeals Court Urged to Reject CMS Argument in Outpatient Payment Case (Feb. 20, 2020)

Court Sets oral Argument Date of April 17 in the Government’s Appeal of Its Loss on Site-Neutral Payment Reduction (Feb. 10, 2020)

2020 Site Neutral Amended Complaint  (Feb. 2, 2020)

2020 Site Neutral Summary Judgment Brief (Feb. 2, 2020)

Government’s Initial Brief in Their Appeal of AHA, AAMC and Hospitals’ Site Neutral Win (Jan. 23, 2020)

Site Neutral 2020 Complaint (Jan. 13, 2020)

Briefing schedule in the goverment's appeal of its loss in AHA, AAMC and hospital’s challenge to site neutral payment reduction (Dec. 18, 2019).

Court Decision on Motion to Enforce (Dec. 16, 2019)

Government Notice of Its Appeal of Site Neutral Court Ruling that Favored Hospitals (December 12, 2019)

CMS Will Repay 2019 Outpatient Payment Cut as a Result of AHA Lawsuit (December 12, 2019)

Supplemental Notice In Support of Motion to Enforce (December 12, 2019)

AHA, AAMC and Hospitals Respond in Support of Their Motion to Enforce the Court’s Judgment (December 5, 2019)

United States Government’s Response to AHA, AAMC and Hospitals Motion to Enforce Court’s Judgment, November 25, 2019

Plaintiffs’ Motion to Enforce Judgment, November 11, 2019

Memorandum In Support of Plaintiffs’ Motion to Enforce Judgment, November 11, 2019

Court Sets Briefing Schedule on Our Motion to Enforce the Court's Judgment in the Case (Nov. 12, 2019)

Government’s Response to AHA, AAMC and Hospitals’ Notice of Intent to Enforce Court’s Order Vacating Site Neutral Payment Reduction, November 7, 2019

Notice of Intent to File Motion to Enforce Judgment and Request for Briefing Schedule, November 6, 2019

Proposed Order Setting the Briefing Schedule For Plaintiffs’ Motion to Enforce Judgment, November 6, 2019

Court’s Final Order Closing the Case, October 21, 2019

Court Will Neither Modify Nor Stay The Order Vacating The Rule’s Provisions, October 21, 2019

Government Remedy Reply (October 7, 2019)

Joint Status Report (Oct. 1, 2019)

AHA, AAMC, Hospitals Opposition to Government’s Motion to Modify Order Vacating Rule’s Provision (Sept. 30, 2019)

Government Motion/Brief in Support of Reconsideration (September 23, 2019)

Government Proposed Order for the Court (September 23, 2019)

Opinion in the AHA's Case on OPPS Site Neutral Payment Policy (September 17, 2019)

AHA, AAMC and Hospitals Response to Judge Show Cause Order On Consolidation (August 20, 2019)

Order to Show Cause (August 15, 2019)

AHA and hospital organizations notice and request for a status conference (August 8, 2019)

Government's reply in support of its motion (April 19, 2019)

Reply in Support of Plaintiffs’ Motion for Summary Judgment and Memorandum in Opposition to Defendant’s Cross-Motion to Dismiss or for Summary Judgment (April 5, 2019)

Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Memorandum in Support of Motion to Dismiss (March 22, 2019)

Minute order of Judge Collyer establishing new consolidated briefing schedule in site neutral lawsuit (March 9, 2019)

Response to the Court’s Minute Order of February 27, 2019 (March 6, 2019)

Court’s minute order setting case briefing schedule (February 4, 2019)

Plaintiffs’ Motion/Brief for Summary Judgment (February 1, 2019)

• Plaintiffs’ Declarations (February 1, 2019)
• Plaintiffs’ Declarations and Proposed Order (February 1, 2019)

Joint Motion for Briefing Schedule (February 1, 2019)

• Joint Proposed Order for Briefing Schedule (February 1, 2019)

Amended Complaint (January 29, 2019)

Complaint Challenging Site Neutral Payment Policy (December 4, 2018)

Reply in Support of Plaintiffs’ Motion to Vacate the Unlawful Portion of the 2022 OPPS Rule (August 17, 2022)

Unopposed Motion For Permission To File Second Supplemantal Complaint (August 3, 2022)

Second Supplemental Complaint (August 3, 2022)

Motion to Vacate The Unlawful Portion of the 2022 OPPS Rule (August 3, 2022)

Motion to Hold Unlawful And Remedy Defendants’ Past Underpayment Of 340b Drugs (August 3, 2022)

Supreme Court Rules Unanimously in Favor of AHA, Others in 340B Case (June 15, 2022)

Live Analysis: Supreme Court Hears Oral Arguments in AHA’s 340B Case (November 30, 2021)

AHA, Associations, Hospitals Respond to Government in 340B Supreme Court Case (November 19, 2021)

Government Responds to Hospital 340B Payment Reduction Challenge (October 20, 2021)

Amicus Brief: Academic Medical Centers Support AHA in 340B Case (September 10, 2021)

Amicus Brief: State and Regional Hospital Associations Express Support for AHA’s 340B Case (September 9, 2021)

AHA Opening Brief in Case Urging U.S. Supreme Court to Reverse Cut to 340B Program (September 3, 2021)

AHA Reply to Government Related to Petition for Cert At US Supreme Court (May 28, 2021)

Amicus Brief–Hospital Systems (March 12, 2021)

Amicus Brief-State and Regional Hospital Associations (Feb. 23, 2021)

AHA Asks U.S. Supreme Court to Hear Case on 340B Payment Cuts (Feb. 10, 2020)

Hospital Groups Petition for Rehearing (Sept. 14, 2020)

Appeals Court Decision (July 31, 2020)

AHA, Associations, Hospitals response the Government’s Letter to the D.C. Circuit Following Oral Argument in Appeal of The District Court’s Judgment (November 14, 2019)

Government’s Letter to the D.C. Circuit Following Oral Argument in Appeal of the District Court’s Judgment in Favor AHA, Associations, and Hospitals (November 12, 2019)

Government's Reply Brief in Its Appeal (October 11, 2019)

AHA, Associations, Hospitals Reply Brief in Government Appeal 340B (September 24, 2019)

Amicus Brief Filed by the Federation of American Hospitals (FAH) (September 10, 2019)

Government’s Initial Brief in Their Appeal of the Judgement In Favor of the AHA, Associations and Hospitals (Sept. 3, 2019)

Court Grants the Motion to Expedite the Appeal in 340B (July 30, 2019)

Appellees’ Consent Motion to Expedite Briefing (July 24, 2019)

Memorandum Opinion Granting Defendants' Motion for Entry of Final Judgement, (July 10, 2019)

• Order Granting Defendants' Motion for Entry of Final Judgment, (July 10, 2019)

Defendant's reply in Support of Motion for Reconsideration and Entry of Final Judgment (June 10, 2019)

Plaintiffs’ Response to Defendants’ Motion for Reconsideration, Entry of Final Judgment, and Expedited Briefing (June 7, 2019)

Plaintiffs’ Reply In Support of Motion for a Firm Date (June 4, 2019)

Government’s Reply to Plaintiff's Motion to Expedite a Remedy (May 31, 2019)

Plaintiffs’ Motion for a Firm Date by Which Defendants Must Propose a Remedy for Violations of the Medicare Act (May 10, 2019)

• Proposed Order (May 10, 2019)

Memorandum Opinion Granting in Part Plaintiffs’ Motion for a Permanent Injunction; Remanding the 2018 and 2019 OPPS Rules to HHS (May 6, 2019)

Opposition to Government’s Motion to Dismiss and Reply in Support of Motion for a Permanent Injunction Covering the 2019 OPPS Rule (February 26, 2019)

Memorandum in Support of Motion to Dismiss New Claim and Opposition to Motion for Permanent Injunctions with Respect to 2019 OPPS Rule (February 22, 2019)

AHA, Associations, Hospitals’ motion for an injunction for 2019 (February 11, 2019)

AHA, Associations, Hospitals Remedies Reply Brief (February 14, 2019)

Government’s Remedies Reply Brief (February 14, 2019)

AHA, Associations, Hospitals Motion for Leave to File Supplemental Complaint (February 7, 2019)

• Proposed Supplemental Complaint (February 7, 2019)
• Redline of Proposed Supplemental Complaint (February 7, 2019)
• Proposed Order to Grant Motion (February 7, 2019)

Federation of American Hospitals’ Motion for Leave to file Amicus in support of neither party (February 7, 2019)

• FAH Proposed Amicus Brief (February 7, 2019)

AHA, Associations, Hospitals Remedies Brief (January 31, 2019)

Govt. Remedies Brief (January 31, 2019)

• Declaration of CMS’s Elizabeth Richter (January 31, 2019)

AHA, Associations, Hospitals Opposition to Request to Stay Proceedings (January. 7, 2019)

• • Joint Proposed Order for Briefing Schedule (February 1, 2019)
  • Notice of amending complaint filing (December. 20, 2018)
  • Proposed Order
  • Exhibits
  • Proposed Order
  • Complaint
  • Motion for Summary Judgment
  • Memorandum in Support of Motion
  • Order in Maryland v. US
  • Plaintiffs’ Notice of Supplemental Authority (January 9, 2019)
  • Supplemental Authority Cited - Court of Appeals Jan. 9 Order denying Stay on basis of Appropriations Lapse
• Govt. Motion to Stay Case Proceedings in Light of Appropriations Lapse (January 6, 2019)

  
  Court opinion (December 27, 2018)

  • Associated order of the Court (December 27, 2018)

  Notice of ALJ Rulings (December 3, 2018)

  Government's reply brief in support of their motion to dismiss (October 10, 2018)

  Plaintiffs' reply brief in in support of motion for preliminary and permanent injunction and opposition to government’s motion to dismiss (September 26, 2018)

  Government's Motion to Dismiss (September 14, 2018)

  • Memorandum in Support of Defendants' Motion to Dismiss
  • Proposed Order
  • Exhibit 1: 2016 CMS Statistics
  • Exhibit 2: Hemophilia Treatment Center Manual

  Hospital Groups Refile Lawsuit to Reverse Cuts for 340B Hospitals (September 5, 2018)

  • Complaint
  • Brief

  Appeals court dismisses 340B payment lawsuit for lack of presentment (July 17, 2018)

  Letter to Court of Appeals for the D.C. Circuit providing MAC notices (June 14, 2018)

  Government's 28(j) Letter (May 10, 2018)

  • AHA Response to the Government's 28(j) Letter (May 11, 2018)

  AHA Reply Brief Calls for Preliminary Injunction (April 2, 2018)

  Government's Brief (March 19, 2018)

  Hospital Associations Amicus Brief in 340B Appeal (February 22, 2018)

  AHA's Appeal Brief re 340B Payment Reductions (February 15, 2018)

  340B Appeal: Court grants Associations, Hospitals Motion to Expedite (January 30, 2018)

  340B Motion to Expedite: Associations, Hospitals Reply (January 22, 2018)

  340B Motion to Expedite: HHS Response (January 19, 2018)

  340B Litigation – Associations, Hospitals Motion to Expedite Appeal (January 17, 2018)

  AHA, AAMC, AEH, Hospitals, Notice of Appeal (January 9, 2018)

  Court Decision in 340b Case (December 29, 2017)

  • Court Order Granting Govt. Motion to Dismiss
  • Court Memorandum Opinion Granting Govt. Motion to Dismiss

  Government’s reply brief (December 15, 2017)

  Hospital Associations Amicus Brief Supporting 340B lawsuit (December 8, 2017)

  AHA, AAMC, AEH, Hospitals reply to Govt's Motion to Dismiss 340B lawsuit (December 8, 2017)

  Department of Health and Human Services' Motion to Dismiss (December 1, 2017)

  • Memorandum in Support of Government Motion to Dismiss and in Opposition to Plaintiffs' Motion for Preliminary Injunction

  Complaint: AHA, Hospital groups v. Department of Health and Human Services (November 13, 2017)

  • Motion for Preliminary Injunction
  • Memo in Support of Motion for Preliminary Injunction (with attachments)

AHA v Becerra Medicare Appeals Status Report and Dashboard, March 30, 2022

ALJ Delay Status Report and Dashboard, September 28, 2021

ALJ Delay Status Report and Dashboard, June 25, 2021

ALJ Delay Status Report and Dashboard, March 26, 2021

ALJ Delay Status Report and Dashboard, September 24, 20200

ALJ Delay Status Report and Dashboard, June 26, 2020

HHS’s March 25 Status Report and Medicare Appeals Dash Board (March 25, 2020)

HHS's December 31 Status Report and Medicare Appeals DashBoard (December 31, 2019)

Medicare Appeals Dashboard (September 27, 2019)

Status Report (September 27, 2019)

HHS July Status Report (July 1, 2019)

• HHS July Status Report Dashboard

Court rules for AHA in Medicare appeals backlog case (Nov. 1, 2018)

• Remedial Opinion
• Remedy Order

AHA, Hospitals reply to Government’s response to recommended non-deadline remedies (Aug. 10, 2018)

Government's Response to the Remedies Response (Aug. 3, 2018)

• Secretary's Remedy Brief
• Griswold Remedy Declaration
  • Griswold Remedy Declaration Exhibit A
  • Griswold Remedy Declaration Exhibit B
• Mills Remedy Declaration
• McQueen Remedy Declaration
• Cochran Remedy Declaration
• Iwugo Remedy Declaration

The Court grants govt until Aug 3 to respond to AHA, Hospitals remedies brief (July 19, 2018)

Government does not get anywhere as much time for its reply as they requested (July 11, 2018) 

AHA, Hospitals Oppose the Secretary Motion for Extension of Time to Reply (July 5, 2018)

• Government's motion for extension

AHA, Hospitals brief outlining non-deadline remedies to address appeals backlog (June 22, 2018)

• Proposed Remedial Order

Court Order (March 22, 2018)

Response to Plaintiffs Notice of Supplemental Authority (March 21, 2018)

Declaration of Michael R. Bagel (March 21, 2018)

Court Sets Hearing Date for ALJ Delay Mandamus Remand (February 27, 2018)

AHA's and Hospitals' Reply Brief: Reinstate HHS Deadline to Clear Appeals Backlog (February 15, 2018)

Government’s Brief in Support of its Motion for Summary Judgment/in Opposition to AHA, Hospitals’ Motion for Summary Judgment (February 1, 2018)

• Nancy Griswold's Supporting Declaration
• Medicare Appeals Updated Workload Projections

AHA's and Hospitals' Reply Brief on Mandamus Remand (December 20, 2017)

Declaration of George Mills, Deputy Director of the Center for Program Integrity (CPI), CMS (November 22, 2017)

Government's Motion for Summary Judgment in the ALJ Mandamus Remand (November 3, 2017)

• Declaration of Michael R. Bagel
• Declaration of Nancy J. Griswold
• Declaration of Sherri McQueen
• Declaration of George G. Mills
• Memorandum of Points and Authorities in Support of Defendant's Motion for Summary Judgment
• Defendant's Statement of Facts

Court Grants In Part Govt’s Request for Additional Time (October 25, 2017)

AHA, Hospitals Oppose Request of Govt. for Additional Time to File (October 23, 2017)

Government Requests Extension of Time to File Its Motion for Summary Judgment (October 19, 2017)

Trial Court Sets Briefing Schedule in ALJ Mandamus Remand (September 28, 2017)

Appeals Court grants AHA, Hospitals Request for Immediate Issuance of Mandate of Remand (September 14, 2017)

• Issuance of the Mandate of Immediate Remand to the Trial Court

AHA, Hospitals Unopposed Motion to Issue Mandate for Case Remand Without Delay (September 11, 2017)

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