Amicus Briefs

The AHA weighs in on a number of issues of importance to hospitals and health systems, as well as the patients they care for, as they come before the court. Below are our most recent friend-of-the-court briefs.

Amici Curiae Brief: Hospital Groups Urge Court to Reject Latest ACA Challenge, June 14, 2018

Amicus Brief in Opposition to Consolidation March 29, 2018

Amicus Brief: Hospital Associations' 340B Appeal February 22, 2018

Amicus Brief: Hospital Associations Supporting 340B lawsuit December 8, 2017

Amicus Brief: State of California, et al. v. Donald J. Trump, et al, October 23, 2017

Amicus Brief: Southern Baptist Hospital of Florida, Inc. v. Jean Charles, Jr., July 6, 2017

Amicus Brief: USA, et al. v. Anthem, et al.; No. 17-5024, March 16, 2017

Amicus brief: House v. Burwell, October 31, 2016

Amicus brief: United States of America ex rel. Bernsten v. Prime Healthcare Services, Inc. et al., October 25, 2016

Amicus brief: Carle Foundation v. Illinois Department of Revenue, August 30, 2016

Amicus brief: Federal Trade Commission et al. v. Advocate Health Care Network et al, August 8, 2016

Amicus brief in Appeal of Browning Ferris Industries of CA: NLRB’s Expansive Joint Employer Test, June 14, 2016

AHA, CHAUSA say no to extrapolation in FCA cases, March 24, 2016

AHA, others urge Supreme Court to reverse decision expanding FCA liability, January 27, 2016

AHA et al amicus brief urging court to overturn NLRB order threatening peer review confidentiality, Jan. 13, 2016

AHA/FAH Amicus Brief urging NLRB to affirm long-standing position on inclusion of “jointly employed” employees in bargaining units, Sept. 18, 2015

Amicus Brief in Gobeille v. Liberty Mutual Insurance Co., Sept. 4, 2015

AHA, FAH support overturning NLRB decision that allows incumbent unions to organize in piecemeal fashion June 29, 2015

AHA files amicus brief on Petition for a Writ of Certiorari to the Kentucky Supreme Court, April 20, 2015

AHA files amicus brief in Support of Petitioner ProMedia Health System, Inc. v. FTC, March 11, 2015

AHA, others file friend-of-the-court brief in King v. Burwell, January 28, 2015

Amicus Brief in Support of Petitioner in ProMedica Health System, Inc. v. FTC, No. 14-762, January 21, 2015

AHA, FAH urge Supreme Court to affirm 9th Circuit ruling in Medicaid case, January 5, 2015

AHA urges court to reject challenge to 340B orphan drug interpretive rule, February 6, 2015

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 supports SC health system in Stark Law appeal, December 11, 2013

Amicus Brief: AHA In Suppport of Defendants - Halbig et al. v. Sebelius, November 13, 2013

Amicus Brief: University of Texas Southwestern Medical Center v. Nassar, March 12, 2013

Amicus Brief: Hospital groups urge court to review CA Medicaid ruling, February 8, 2013

Amicus Brief in Supreme Court Medicare DSH case

Amicus Brief supporting motion to dismiss: OFCCP, Department of Labor v. Florida Hospital of Orlando

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.

AHA files amicus brief in "Observation" lawsuit April 27, 2012

Hospital groups file amicus brief supporting ACA Medicaid expansion February 17, 2012

Amici Brief supporting challenge to NLRB's Final Election Rule February 7, 2012

Hospital groups file brief supporting ACA individual mandate January 13, 2012

Hospital Groups File Brief on Severability of ACA's Individual Mandate 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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