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Xavier Becerra, Secretary of Health and Human Services v. Empire Health Foundation, for Valley Hospital Medical Center
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35845, 18-35872 · judgment May 5, 2020
Before the decision, about 15.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.
Question presented
The Medicare statute provides that a hospital that serves a "significantly disproportionate number of low-income patients" may receive an additional payment for treating Medicare patients, known as the disproportionate-share-hospital adjustment. 42 U.S.C. 1395ww(d)(5)(F)(i)(I) and (ii). The statute directs the Secretary of Health and Human Services to calculate a hospital's disproportionate-share-hospital adjustment (if any) using a formula that is based principally on the sum of two separate proxy measures of the proportion of low-income patients the hospital serves. The first proxy measure, known as the Medicare fraction, is the percentage of all patient days of individuals who were "entitled to benefits under [Medicare] part A" and who were also entitled to supplemental-security-income benefits. 42 U.S.C. 1395ww(d)(5)(f)(vi)(I). The second proxy measure, known as the Medicaid fraction, is the percentage of all of a hospital's patient days that are attributable to individuals who were eligible for Medicaid coverage but who were not entitled to Medicare Part A bene- fits. 42 U.S.C. 1395ww(d) (5)(f)(vi)(II). The question presented is as follows: Whether the Secretary has permissibly included in a hospital's Medicare fraction all of the hospital's patient days of individuals who satisfy the requirements to be entitled to Medicare Part A benefits, regardless of whether Medicare paid the hospital for those particular days.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Daniel J. Hettich
King & Spalding, LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 merits
(1 supporting pet./neither, 2 respondent)
Argument & decision
Argued November 29, 2021 — Jonathan C. Bond · Daniel J. Hettich. Audio and transcript
Decided June 24, 2022. Opinion by Kagan.
Proceedings
- Jul 26 2022JUDGMENT ISSUED
- Jun 24 2022Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Thomas, Breyer, Sotomayor, and Barrett, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Alito and Gorsuch, JJ., joined.
- Nov 29 2021Argued. For petitioner: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Daniel J. Hettich, Washington, D. C.
- Nov 23 2021Letter regarding statistics in reply brief on the merits filed by petitioner. (Distributed)
- Nov 17 2021Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
- Oct 29 2021CIRCULATED
- Oct 25 2021Brief amicus curiae of The Federation of American Hospitals filed.
- Oct 25 2021Brief amici curiae of Certain Hospitals and Hospital Systems filed.
- Oct 18 2021Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center filed.
- Oct 14 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
- Sep 27 2021Record requested from the U.S.C.A. 9th Circuit.
- Sep 20 2021SET FOR ARGUMENT on Monday, November 29, 2021.
- Sep 08 2021Brief amicus curiae of Americans for Prosperity Foundation in Support of Neither Party filed.
- Sep 01 2021Brief of petitioner Becerra, Xavier, Secretary of Health and Human Services filed.
- Sep 01 2021Joint appendix filed. (Statement of costs filed)
- Jul 21 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 1, 2021. The time to file respondent's brief on the merits is extended to and including October 18, 2021.
- Jul 19 2021Motion for an extension of time to file the briefs on the merits filed.
- Jul 02 2021Petition GRANTED.
- Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
- Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
- Jun 08 2021Reply of petitioner Becerra, Xavier, Secretary of Health and Human Services filed. (Distributed)
- May 19 2021Brief of respondent Empire Health Foundation, for Valley Hospital Medical Center in opposition filed.
- Mar 31 2021Motion to extend the time to file a response is granted and the time is extended to and including May 19, 2021.
- Mar 30 2021Motion to extend the time to file a response from April 19, 2021 to May 19, 2021, submitted to The Clerk.
- Mar 19 2021Petition for a writ of certiorari filed. (Response due April 19, 2021)