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Banner Health, et al. v. Alex M. Azar, II, Secretary of Health and Human Services

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-5129 · judgment August 18, 2017

Certiorari denied · March 19, 2018
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below and a circuit split argued in the petition.

Questions presented

This petition presents two questions:

  1. When a statute mandates that payments must approximate the recipient’s marginal costs, but the paying agency’s regulations facilitate claims that the agency admits do not satisfy that requirement, is it within the agency’s authority to pay those claims and reasonable for the agency to regard the payments as ordinary and lawful, when doing so reduces the amounts available to other claimants?

  2. Is an agency’s decision to maintain a prior policy, after soliciting and considering comments and analyzing fresh evidence, subject to judicial review under the Administrative Procedure Act? (i)

Counsel of record

For petitioner
Stephen Payne Nash
Squire Patton Boggs (US) LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 28 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 22 2018
    Waiver of right of respondent Eric D. Hargan, Acting Secretary of Health and Human Services to respond filed.
  4. Jan 16 2018
    Petition for a writ of certiorari filed. (Response due February 22, 2018)