Supreme Court of the United States · Official docket →
Advocate Christ Medical Center, et al. v. Robert F. Kennedy, Jr., Secretary of Health and Human Services
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-5214 · judgment September 1, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Because low-income patients are often costlier to treat, Congress directed the government to reimburse hospitals that treat a disproportionate share of low--income patients at higher Medicare rates. A hospital qualifies for higher payments in part based on the number of days that a hospital provides inpatient care to senior (or disabled) lowincome patients, measured as those who "were entitled to benefits under part A of [Medicare] and were entitled to supplementary security income [SSI] benefits." 42 U.S.C.§ 1395ww(d)(5)(F)(vi)(I). In Becerra v. Empire Health Foundation, this Court agreed with the agency that "entitled to [Medicare part A] benefits" included "all those qualifying for the [Medicare] program," whether or not Medicare paid for that hospital stay. 597 U.S. 424, 445 (2022). But Empire expressly left open the question of whether "entitled to [SSI] benefits" likewise includes all those who qualify for the SSI program. Id. at 434 n.2. The agency still insists, contrary to its Medicare interpretation, that only patients who received an SSI cash payment for the month of their hospital stay are "entitled to benefits." This case thus presents Empire's open question: Does the phrase "entitled ... to benefits," used twice in the same sentence of the Medicare Act, mean the same thing for Medicare part A and SSI, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received.
Counsel of record
For petitioner
Hyland Hunt
Deutsch Hunt, PLLC
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
1 cert-stage · 3 merits
(3 supporting pet./neither)
Argument & decision
Argued November 5, 2024 — Melissa Arbus Sherry · Ephraim McDowell. Audio and transcript
Decided April 29, 2025. Opinion by Barrett.
Proceedings
- Jun 02 2025Judgment Issued.
- Apr 29 2025Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Jackson, J., filed a dissenting opinion, in which Sotomayor, J., joined.
- Nov 05 2024Argued. For petitioners: Melissa Arbus Sherry, Washington, D. C. For respondent: Ephraim McDowell, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Oct 21 2024Reply of petitioners Advocate Christ Medical Center, et al. filed. (Distributed)
- Oct 01 2024CIRCULATED
- Sep 19 2024Brief of respondent Xavier Becerra, Secretary of Health and Human Services filed.
- Aug 19 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Aug 14 2024Brief amicus curiae of Empire Health Foundation filed.
- Aug 14 2024Brief amici curiae of Twenty-Six State and Regional Hospital Associations filed.
- Aug 14 2024Brief amici curiae of American Hospital Association, et al. filed.
- Aug 08 2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
- Aug 08 2024Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
- Aug 07 2024Brief of petitioners Advocate Christ Medical Center, et al. filed.
- Aug 06 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Jul 26 2024SET FOR ARGUMENT on Tuesday, November 5, 2024.
- Jul 17 2024Motion to dispense with printing the joint appendix filed by petitioners Advocate Christ Medical Center, et al.
- Jul 09 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 7, 2024. The time to file respondent's brief on the merits is extended to and including September 19, 2024.
- Jul 05 2024Motion for an extension of time to file the briefs on the merits filed.
- Jun 10 2024Petition GRANTED.
- Jun 03 2024DISTRIBUTED for Conference of 6/6/2024.
- May 28 2024DISTRIBUTED for Conference of 5/30/2024.
- May 07 2024DISTRIBUTED for Conference of 5/23/2024.
- May 03 2024Reply of petitioners Advocate Christ Medical Center, et al. filed. (Distributed)
- Apr 18 2024Brief of respondent Xavier Becerra, Secretary of Health and Human Services in opposition filed.
- Mar 04 2024Motion to extend the time to file a response is granted and the time is further extended to and including April 18, 2024.
- Mar 01 2024Motion to extend the time to file a response from March 4, 2024 to April 18, 2024, submitted to The Clerk.
- Feb 02 2024Brief amici curiae of American Hospital Association, et al. filed.
- Jan 19 2024Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2024.
- Jan 18 2024Motion to extend the time to file a response from February 2, 2024 to March 4, 2024, submitted to The Clerk.
- Jan 04 2024Letter from counsel for petitioners pursuant to Rule 12.6 filed.
- Dec 29 2023Petition for a writ of certiorari filed. (Response due February 2, 2024)
- Nov 08 2023Application (23A407) granted by The Chief Justice extending the time to file until December 29, 2023.
- Nov 01 2023Application (23A407) to extend the time to file a petition for a writ of certiorari from November 30, 2023 to December 29, 2023, submitted to The Chief Justice.