Supreme Court Report

Supreme Court of the United States · Official docket →

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

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-5255 · judgment July 25, 2017

Decided · June 3, 2019
Pre-decision estimate: 46% cert probability (95% interval 33%–60%)

Before the decision, about 11.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a D.C. Circuit decision below, and down for a business respondent.

Question presented

The Department of Health and Human Services (HHS) must utilize notice-and-comment rulemaking to promulgate rules, requirements, or statements of policy that "establish[] or change[]" a "substantive legal standard" governing payment for services under the Medicare Act, 42 U.S.C. 1395hh(a)(2). See 42 U.S.C. 1395hh(b)(l). The question presented is: Whether Section 1395hh(a)(2) requires HHS to conduct notice-and-comment rulemaking before providing instructions to a Medicare Administrative Contractor that makes initial determinations of payments due under Medicare, when those instructions rest on a non-- legally-binding administrative interpretation of a relevant statutory provision. LIMITED TO THE FOLLOWING QUESTION: WHETHER 42 U.S.C. §1395hh(a)(2) or §1395hh(a)(4) REQUIRED THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONDUCT NOTICE-AND-COMMENT RULEMAKING BEFORE PROVIDING THE CHALLENGED INSTRUCTIONS TO A MEDICARE ADMINISTRATOR CONTRACTOR MAKING INITIAL DETERMINATIONS OF PAYMENTS DUE UNDER MEDICARE. JUSTICE KAVANAUGH IS RECUSED IN THIS CASE.

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Stephanie A. Webster
Ropes & Gray LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
5 merits
(5 respondent)

Argument & decision

Argued January 15, 2019 — Edwin S. Kneedler · Pratik A. Shah. Audio and transcript

Decided June 3, 2019. Opinion by Gorsuch.

Proceedings

  1. Jul 05 2019
    JUDGMENT ISSUED.
  2. Jun 03 2019
    Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion. Kavanaugh, J., took no part in the consideration or decision of the case.
  3. Jan 15 2019
    Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Pratik A. Shah, Washington, D. C.
  4. Jan 08 2019
    Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
  5. Dec 20 2018
    Brief amici curiae of American Medical Association and Medical Society of the District of Columbia filed. (Distributed)
  6. Dec 20 2018
    Brief amici curiae of American Hospital Association, et al. filed. (Distributed)
  7. Dec 20 2018
    Brief amici curiae of 77 Hospitals and Southwest Consulting Associates filed. (Distributed)
  8. Dec 20 2018
    Brief amici curiae of Catholic Health, et al. filed. (Distributed)
  9. Dec 20 2018
    Brief amici curiae of Fourteen State and Regional Hospital Associations filed. (Distributed)
  10. Dec 14 2018
    Record received from the U.S.C.A. Dist. of Columbia Circuit is electronic and located on PACER, with the exception of the transcript of the Oral Argument which is electronic.
  11. Dec 13 2018
    Brief of respondents Allina Health Services, et al. filed. (Distributed)
  12. Dec 11 2018
    Record requested from the U.S.C.A. District of Columbia Circuit.
  13. Nov 30 2018
    CIRCULATED
  14. Nov 28 2018
    SET FOR ARGUMENT ON Tuesday, January 15, 2019
  15. Nov 13 2018
    Joint appendix filed.
  16. Nov 13 2018
    Brief of petitioner Alex M. Azar II, Secretary of Health and Human Services filed.
  17. Oct 19 2018
    Justice Kavanaugh is recused in this case.
  18. Sep 27 2018
    Petition GRANTED limited to the following question: Whether 42 U. S. C. §1395hh(a)(2) or §1395hh(a)(4) required the Department of Health and Human Services to conduct notice-and-comment rulemaking before providing the challenged instructions to a Medicare Administrator Contractor making initial determinations of payments due under Medicare.
  19. Jul 05 2018
    Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)
  20. Jul 03 2018
    DISTRIBUTED for Conference of 9/24/2018.
  21. Jun 19 2018
    Brief of respondents Allina Health Services, et al. in opposition filed.
  22. May 24 2018
    Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2018.
  23. May 23 2018
    Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.
  24. Apr 27 2018
    Petition for a writ of certiorari filed. (Response due May 30, 2018)
  25. Mar 22 2018
    Application (17A880) granted by The Chief Justice extending the time to file until April 27, 2018.
  26. Mar 19 2018
    Application (17A880) to extend further the time to file a petition for a writ of certiorari from March 29, 2018 to April 27, 2018, submitted to The Chief Justice.
    Written RequestProof of Service
  27. Feb 21 2018
    Application (17A880) granted by The Chief Justice extending the time to file until March 29, 2018.
  28. Feb 16 2018
    Application (17A880) to extend the time to file a petition for a writ of certiorari from February 27, 2018 to March 29, 2018, submitted to The Chief Justice.
    Main DocumentProof of Service