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Northport Health Services of Arkansas, LLC, dba Springdale Health and Rehabilitation Center, et al. v. Department of Health and Human Services, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 20-1799 · judgment October 1, 2021
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and an Eighth Circuit decision below.
Question presented
The Federal Arbitration Act (FAA) prohibits rules that single out arbitration for disfavored treatment. While Congress can override the FAA in later statutes, it must do so clearly. In the Medicare and Medicaid Acts, Congress did not clearly empower the U.S. Department of Health and Human Services (HHS) to restrict the use of arbitration agreements by long-term care facilities. In fact, Congress has rejected several such proposals. Undeterred, HHS in 2016 invoked decades-old Medicare and Medicaid Act provisions related to health and safety to issue a rule declaring pre-dispute arbitration agreements “unconscionable” and prohibiting facilities from using them as a condition of participation in Medicare and Medicaid. After a federal court blocked that rule, HHS in 2019 invoked the same provisions to promulgate another rule that still singles out arbitration for disfavored treatment and threatens facilities with draconian HHS-imposed penalties for noncompliance. In the decision below, the Eighth Circuit upheld that rule. Splitting from decisions of this Court and three circuits, it held that the FAA allows states and federal agencies to penalize the use of arbitration agreements so long as they leave such agreements theoretically enforceable in court. Then, without mentioning the FAA or statutes that expressly override it, the court afforded Chevron deference to HHS’ anti-arbitration interpretation of the Medicare and Medicaid Acts after declaring their silence about arbitration “ambiguous.” The questions presented are: 1. Whether the FAA is indifferent to rules that penalize parties for using arbitration agreements but
Counsel of record
For petitioner
Erin E. Murphy
Clement & Murphy, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Oct 03 2022Motion for leave to file amici brief filed by Alabama Nursing Home Association, et al. GRANTED.
- Oct 03 2022Petition DENIED.
- Sep 07 2022DISTRIBUTED for Conference of 9/28/2022.
- Sep 06 2022Reply of petitioners Northport Health Services of Arkansas, LLC, et al. filed. (Distributed)
- Aug 18 2022Brief of respondents Department of Health and Human Services, et al. in opposition filed.
- Jul 01 2022Motion to extend the time to file a response is granted and the time is further extended to and including August 18, 2022.
- Jun 29 2022Motion to extend the time to file a response from July 18, 2022 to August 18, 2022, submitted to The Clerk.
- Jun 16 2022Motion for leave to file amici brief filed by Alabama Nursing Home Association, et al.
- Jun 15 2022Brief amicus curiae of Arkansas Health Care Association filed.
- May 19 2022Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022.
- May 18 2022Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
- May 13 2022Petition for a writ of certiorari filed. (Response due June 16, 2022)
- Mar 31 2022Application (21A453) granted by Justice Kavanaugh extending the time to file until May 13, 2022.
- Mar 25 2022Application (21A453) to extend further the time from April 13, 2022 to May 13, 2022, submitted to Justice Kavanaugh.
- Mar 03 2022Application (21A453) granted by Justice Kavanaugh extending the time to file until April 13, 2022.
- Feb 22 2021Application (21A453) to extend the time to file a petition for a writ of certiorari from March 14, 2022 to April 13, 2022, submitted to Justice Kavanaugh.