Legal Resources: Amicus Briefs

Hospital groups urge full D.C. Circuit to uphold premium subsidies nationwide, November 3, 2014

Supreme Court urged to scrutinize use of interpretive rules, October 17, 2014

Amicus Brief in Support of Appellants' Petition for Rehearing by the American Hospital Association, Kentucky Hospital Association, Kentucky Medical Association, Kentucky Chamber of Commerce and the Individual Kentucky Hospitals, September 10, 2014

AHA, others file friend-of-the-court brief in Supreme Court FCA case, September 5, 2014

Amicus brief in Browning-Ferris Industries of CA:  Standard for Determining Joint Employer Status, June 26, 2014

AHA, others urge Supreme Court to bar excessive FCA penalties, June 23, 2014

Amicus  Brief in Purple Communications:  Use of Employers' Electronic Communications Systems, June 16, 2014

AHA files amicus brief in appeal of 'observation' lawsuit, February 20, 2014

Associations to NLRB: Confidentiality critical to effective peer review, February 10, 2014

AHA urges court to reject challenge to 340B orphan drug rule, December 13, 2013
AHA today filed a friend-of-the-court brief in support of the Department of Health and Human Services in a federal lawsuit seeking to exclude all drugs with an orphan designation from an HHS final rule expanding the 340B drug discount program to rural and cancer hospitals under the Patient Protection and Affordable Care Act.

AHA supports SC health system in Stark Law appeal, December 11, 2013
Hospitals must be able to rely on the advice of qualified counsel when determining whether a particular transaction is legally permissible under the Stark Law, the AHA and South Carolina Hospital Association said in a friend-of-the-court brief filed yesterday in the 4th U.S. Circuit Court of Appeals.

Amicus Brief: AHA In Suppport of Defendants - Halbig et al. v. Sebelius, November 13, 2013
The AHA filed a friend-of-the-court brief in support of the Department of Health and Human Services in a federal lawsuit (Halbig et al. v. Sebelius) seeking to prevent participants in federally-facilitated exchanges from receiving  premium subsidies under the Patient Protection and Affordable Care Act.

Amicus Brief: University of Texas Southwestern Medical Center v. Nassar, March 12, 2013
Brief Amici Curiae of the Equal Employment Advisory Council, National Federation of Business Small Business Legal Center and American Hospital Association in Support of Petitioner

Amicus Brief: Hospital groups urge court to review CA Medicaid ruling, February 8, 2013
The AHA and eight state hospital associations yesterday filed a friend-of-the-court brief urging the full Ninth Circuit Court of Appeals to review a decision by a three-judge panel of the court, which reversed an injunction to prevent a proposed 10% Medicaid payment cut to hospitals and other health care providers.

Amicus Brief in Supreme Court Medicare DSH case
Amicus Brief stating hospitals should be able to appeal Provider Reimbursement Review Board decisions beyond the usual time limit in extraordinary circumstances, October 23, 2012

Amicus Brief supporting motion to dismiss: OFCCP, Department of Labor v. Florida Hospital of Orlando
Amicus brief in support of Defendant Florida Hospital of Orlando's Motion to Dismiss Case where the Office of Federal Contract Compliance Programs ("OFCCP") asserts that hospitals participating as network providers in the TRICARE program run by the Department of Defense are federal subcontractors. April 24, 2012

The Department of Labor's Administrative Review Board overturns an administrative law judge's ruling that Florida Hospital of Orlando is a federal subcontractor because it is a TRICARE in-network provider, October 19, 2012

AHA files Amicus Brief with U.S. Court of Appeals supporting ProMedica Health System, Inc.
The AHA has a substantial interest in the application of antitrust law to hospital mergers, which often foster, rather than diminish, competition, and in many cases are necessary for hospitals to deliver care effectively in a rapidly changing market. September 24, 2012

AHA files amicus brief in "Observation" lawsuit
Amicus brief urging that in resolving a lawsuit challenging CMS policy on Medicare payment for Observation stays, the court be sensitive to the difficult situation hospitals find themselves in being caught in a tug-of-war between beneficiaries and the government over the appropriate use of "observation." April 27, 2012

Hospital groups file amicus brief supporting ACA Medicaid expansion
The AHA and five other national hospital organizations today filed a friend-of-the-court brief urging the U.S. Supreme Court to uphold the Patient Protection and Affordable Care Act's expansion of the Medicaid program and reject the argument of FL and other states that it is unlawfully "coercive." If "petitioners 'coercion' theory were law, Congress could not make any modifications to the Medicaid program - or to any other significant cooperative federal-state program - unless every participating. February 17, 2012

Amici Brief supporting challenge to NLRB's Final Election Rule
Motion by The American Hospital Association, The American Society For Healthcare Human Resources Administration, The American Organization Of Nurse Executives, HR Policy Association, and the Society For Human Resource Management to request leave to participate as amici curiae in support of the Chamber Of Commerce and Coalition For A Democratic Workplace, and an amici brief supporting the challenge to National Labor Relations Board's Final Election Rule. February 7, 2012

Hospital groups file brief supporting ACA individual mandate
The U.S. Supreme Court should uphold the Patient Protection and Affordable Care Act's individual mandate because the crisis of uninsurance "substantially affects" interstate commerce, the AHA and five other national hospital organizations said in a friend-of-the-court brief (insert link) filed today. "America's tens of millions of uninsured residents consume tens of billions of dollars' worth of health care each year," the brief notes. "Others pick up much of the cost. The result is extreme distortion of both the health care and health insurance markets. That is a substantial effect if ever there was one."  January 13, 2012

Hospital Groups File Brief on Severability of ACA's Individual Mandate
While contending that the individual mandate to purchase health insurance contained in the Patient Protection and Affordable Care Act is constitutional, if the U.S. Supreme Court finds it unconstitutional the court should rule on the severability of the mandate from the rest of the law and not remand the case to the lower courts for fact finding, four hospital groups today told the court in a friend-of-the-court brief. January 6, 2012

AHA Brief Urging Court to Uphold CO Decision to Opt Out of CRNA Supervision
AHA friend-of--the-court brief supporting the Colorado governor's decision to opt out of Medicare's physician supervision requirement for certified registered nurse anesthetists to improve access to care for rural residents. December 21, 2011

AHA, Hospital and physician groups file brief in support of OH liability law
The AHA, Ohio Hospital Association and other organizations today filed a joint friend-of-the-court brief in the Ohio Supreme Court in a case challenging a state law that prevents medical liability cases from being filed more than four years after the date of an alleged incident. (No. 2011-0899), December 12, 2011

AHA, Hospital Groups File Brief in Support of Federal Petitioners
AHA, hospital groups file a brief in 11th Circuit in support of federal petitioners and urges the court  to grant the Government's petition for certiorari and hold that the ACA is a constitutional exercise of Congress's Commerce Clause power. (No. 11-398 ), October 27, 2011

Hospital groups file ACA amicus brief
AHA, hospital groups file ACA amicus brief in 11th Circuit urging constitutionality of the individual mandate. (Nos. 11-11021 & 11-11067), April 8, 2011

AHA, other groups' letter urge U.S. to file supporting ACA amicus in Supreme Court Medicaid case, March 21, 2011

AHA and ASHHRA Amici Brief
To the NLRB in support of Specialty Healthcare and Rehabilitation Center of Mobile opposing any modifications to procedures and standards for determining appropriate bargaining units that could erect obstacles to integrated care delivery, (No. 15-RC-8773), March 8, 2011
Coalition for a Democratic Workplace's Amici Brief  

AHA, other hospital groups file ACA  amicus brief
Commonwealth of Virginia, ex rel. Kenneth T. Cuccinelli, II, v. Kathleen Sebelius, U.S. Court of Appeals for the Fourth Circuit, (Nos. 11-10157 & 11-1058) [ACA], March 7, 2011

AHA, other hospital associations file ACA  amici brief
Liberty University, et al, v. Timothy Geithner, et al, Fourth Circuit Court of Appeals (No. 10-2347), [ACA], February 25, 2011

AHA, FAH, and AHCA Amicus Brief
Amicus brief in support of Appellant Palomar Medical Center re: CMS contractor's "good cause" to reopen claims (No. 10-56529), January 26, 2011

AHA, other hospital associations file amici brief in ACA case
Thomas More Law Center, et al., v. Barack Obama, et.al., U.S. Court of Appeals for the Sixth Circuit (No. 10-2388), [PPACA], January 21, 2011

AHA FCA Amicus Brief
U.S. Ex Rel., Michael K. Drakeford, M.D. v. Tuomey Healthcare System, Inc., U.S. Court of Appeals for the Fourth Court (No. 10-1819), January 10, 2011

AHA and ASHHRA Amici Brief
Roundy's Inc. and Milwaukee Building and Construction Trades Council, AFL-CIO: AHA and ASHHRA to the NLRB in support of the respondent employer (No. 30-CA-17185), January 7, 2011

AHA Amicus Brief
Office of Federal Contract Compliance Programs, Department of Labor v. Florida Hospital of Orlando, Department of Labor, Administrative Review Board (No. 11-011), December 29, 2010

AHA FCA Amicus Brief
AHA joined the U.S. Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America in Schindler v. U.S. ex rel Kirk, U.S. Supreme Court, No. 10-188 [FCA] December 6, 2010

Motion by the AHA for leave to file an Amicus Brief
Office of Federal Contract Compliance Programs, Department of Labor v. Florida Hospital of Orlando, November 29, 2010

AHA other hospital groups file ACA Amicus Brief
State of Florida, by and through Bill McCollum et al., v United States Department of Health and Human Services, et al., (District Court for the Northern District of Florida Pensacola Division Case No. 3:10-cv-91-RV/EMT) November 19, 2010

Motion to File Joint ACA Amicus Brief
By AHA, AAMC, CHA, FAH, NACH and NAPHHS motion filed federal district court RE: State of Florida v. DHHS (District Court for the Northern District of Florida No. 3:10-cv-91-RV/EMT) [Re: Lawsuit challenging health reform law] November 11, 2010

AHA Amicus Brief  -- See Supreme Court Decision, January 11, 2011
Mayo Foundation for Medical Education and Research et al., v. United States, U.S. Supreme Court (No. 09-837) [Re: Student Exemption from FICA tax], August 13, 2010 

AHA Letter to Solicitor General
Maxwell-Jones v. Independent Living Center (No. 09-958) [Cut in Medicaid payments for hospitals and other providers]. Letter urging Solicitor General to recommend denial of review by the U.S. Supreme Court, August 6, 2010 

AHA Amicus Brief
Mayo Foundation for Medical Education and Research et al., v. United States: Petition for Certiorari to the U.S. Supreme Court (No. 09-837) [Re: Student Exemption from FICA tax] February 16, 2010

AHA Amicus Brief
Ortho Biotech Product, L.P. v. U.S. Ex Rel. Mark Eugene Duxbury, U.S. Supreme Court (No. 09-654) [Re: False Claims Act] January 4, 2010

AHA Amicus Brief
Graham County Soil & Water Conservation District, et al., v. United States Ex Rel., U.S. Supreme Court (No. 08-304) [Re: False Claims Act] September 3, 2009

AHA Amicus Brief  -- See Georgia Supreme Court Decision, March 22, 2010
Atlanta Oculoplastic Surgery v. Betty Nestlehutt and Bruce Nestlehutt, Supreme Court of Georgia (S09A1432) [medical liability and non-economic damages] August 21, 2009

AHA Amicus Brief -- See Sup. Ct.  Decision, March 18, 2010
Provena Covenant Medical Center v. the Department of Revenue of the State of Illinois, (Sup. Ct. Court of Illinois No. 107328) [Re: property taxes] February 4, 2009

AHA Amicus Brief
Wellstar Health System v. Cheon Park and Lynn Park, Supreme Court of Georgia, (No. S08A1936), [medical liability and non-economic damages] October 21, 2008

AHA Amicus Brief
LeBron v. Gottlieb Memorial Hospital, Illinois Sup. Ct., No. 105741 & 105745 (cons.) [caps on noneconomic damages] May 8, 2008

AHA Amicus Brief -- See Appellate Court Decision, August 26, 2008
Provena Medical Center v. Ct. of Appeals (Court of Appeals No. 4-07-0763) [property taxes] January 28, 2008

AHA Amicus Brief -- See Sup. Ct.  Decision, June 19, 2008
Chamber of Commerce v. Edmund G. Brown, Jr., Et Al., (No. 06-939) [labor relations] Jan. 16, 2008

AHA Amicus Brief -- See Sup. Ct.  Decision, June 9, 2008
Allison Engine Company, Inc., et al., v. United States ex Rel., US Sup. Ct. (No. 07-214) [False Claims Act] Dec. 20, 2007

AHA Amicus Brief
Houston Medical Center v. Adkins, US Sup. Ct. (No. 07-538) [peer review privilege] November 21, 2007

AHA Amicus Brief   See 5th Cir. Ct. of Appeals Decision, July 23, 2008
Poliner v. Texas Health Systems, et al.: US Ct. of Appeals for the Fifth Circuit [peer review] August 8, 2007

AHA Amicus Brief
DiCarlo v. St. Mary Hospital, et al.: US Ct. of Appeals for the Third Circuit [billing and collection] August 8, 2007.

AHA Amicus Brief
US Ex Rel. Rost v. Pfizer US Ct. of Appeals [False Claims Act: “public disclosure bar”] June 7, 2007

AHA Amicus Brief
Chamber of Commerce of the U.S. v. Edmund G. Brown, Jr., et al.: Petition for Certiorari US Sup. Ct. (No. 06-939) [labor relations] March 9, 2007.

AHA Amicus Brief
Provena Covenant Medical Center vs. Department of Revenue of the State of Illinois, (2006-MR-000597) [Illinois Department of Revenue final administrative decision denying property tax exemption] March 9, 2007

AHA Amicus Brief -- See Sup. Ct.  Decision, March 27, 2007
Rockwell v. U. S. ex rel. Stone, US Sup. Ct. [False Claims Act] October 26, 2006 including letter to Senator Wyden

AHA Amicus Brief
Gibson, et al, v. Virginia Mason Medical Center [challenge to hospitals' billing practices] August 11, 2006


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