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

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-6269 · judgment August 23, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 9% cert probability (95% interval 6%–14%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Sixth Circuit decision below.

Questions presented

  1. Whether state Medicaid payments to hospitals that provide services to disproportionately lowincome patients constitute a refund of costs those hospitals incurred in paying state taxes ordinarily reimbursable by Medicare, such that those taxes are no longer “actually incurred” costs for purposes of Medicare reimbursement.

  2. Whether courts should defer to agency interpretation of statutes or regulations that involved embedded questions of state law.

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
17A771

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Jul 18 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 18 2018
    Reply of petitioners Breckinridge Health Inc., et al. filed. (Distributed)
  4. Jun 28 2018
    Brief of respondent Alex M. Azar, II, Secretary of Health and Human Services in opposition filed.
  5. May 30 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including June 28, 2018.
  6. May 29 2018
    Motion to extend the time to file a response from June 11, 2018 to June 28, 2018, submitted to The Clerk.
  7. May 08 2018
    Brief amicus curiae of Pacific Legal Foundation filed.
  8. Apr 30 2018
    Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2018.
  9. Apr 27 2018
    Motion to extend the time to file a response from May 10, 2018 to June 11, 2018, submitted to The Clerk.
  10. Apr 09 2018
    Petition for a writ of certiorari filed. (Response due May 10, 2018)
  11. Jan 22 2018
    Application (17A771) granted by Justice Kagan extending the time to file until April 7, 2018.
  12. Jan 18 2018
    Application (17A771) to extend the time to file a petition for a writ of certiorari from February 6, 2018 to April 7, 2018, submitted to Justice Kagan.