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Saint Anthony Hospital v. Elizabeth M. Whitehorn, Director, Illinois Department of Healthcare and Family Services, et al.
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2325 · judgment March 14, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
This Court has granted a writ of certiorari in Medina v. Planned Parenthood South Atlantic, No. 23-1275, and its decision in that case will likely decide whether Wilder v. Virginia Hospital Ass’n, 496 U.S. 498 (1990), remains good law in cases seeking to assert individual rights to sue under Spending Clause statutes. The Court’s Medina decision will likely decide the outcome in this case, which has sharply divided the Court of Appeals for the Seventh Circuit, as reflected in its three opinions—all with dissents—the last en banc. All address whether Petitioner Saint Anthony Hospital may sue the State to enforce a requirement of federal Medicaid law to pay providers 90% of completed claims within 30 days of submission and 99% within 90 days. The continued viability of Wilder within the analytical framework of Health and Hospital Corp. of Marion County v. Talevski, 599 U.S. 166 (2023), and Gonzaga University v. Doe, 536 U.S. 273 (2002), is central to the disagreements that have generated the conflicting opinions in this case. Therefore, the sole question framed by this Petition is the same as in Medina, but in relation to a different provision of federal Medicaid law: In determining whether Saint Anthony Hospital has a right to sue to enforce the prompt payment rule, should the court of appeals have treated Wilder as relevant and, based upon that precedent, as well as Gonzaga and Talevski, upheld the Hospital’s right to sue the State under 42 U.S.C. § 1983?
Counsel of record
For petitioner
Edward William Feldman
Miller Shakman Levine and Feldman LLP
For respondent
Hugh Scott Balsam
Troutman Pepper Locke LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Oct 20 2025Petition DENIED.
- Oct 01 2025DISTRIBUTED for Conference of 10/17/2025.
- Sep 29 2025Reply of petitioner Saint Anthony Hospital filed. (Distributed)
- Sep 15 2025Brief of respondent Elizabeth M. Whitehorn, Director, Illinois Department of Healthcare and Family Services in opposition filed.
- Sep 15 2025Brief of respondents Meridian Health Plan of Illinois, Inc., et al. in opposition filed.
- Aug 08 2025Motion to extend the time to file a response is granted and the time is extended to and including September 15, 2025, for all respondents.
- Aug 06 2025Motion to extend the time to file a response from August 15, 2025 to September 15, 2025, submitted to The Clerk.
- Jul 08 2025Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2025, for all respondents.
- Jul 07 2025Motion to extend the time to file a response from July 16, 2025 to August 15, 2025, submitted to The Clerk.
- Jun 16 2025Response Requested. (Due July 16, 2025)
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- May 27 2025Waiver of right of respondent Dir. Whitehorn to respond filed.
- May 27 2025Waiver of right of respondent Blue Cross and Blue Shield of Illinois, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company to respond filed.
- May 27 2025Waiver of right of respondent Meridian Health Plan of Illinois, Inc. to respond filed.
- May 27 2025Waiver of right of respondent IlliniCare Health Plan to respond filed.
- May 27 2025Waiver of right of respondents Cook County Health and Hospital Systems d/b/a Cook County Health to respond filed.
- Apr 22 2025Petition for a writ of certiorari filed. (Response due May 27, 2025)