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