Government's Brief (March 19, 2018)

The plaintiff hospitals and hospital trade associations seek to challenge a final rule that, in relevant part, adjusted for calendar year 2018 the payments made by the Centers for Medicare & Medicaid Services (CMS) under the Outpatient Prospective Payment System (OPPS or Payment System) in Medicare Part B for certain drugs covered by a program known as the 340B Program. See 82 Fed. Reg. 52,356 (Nov. 13, 2017) (final rule announcing the OPPS for calendar year 2018). Their claim is barred because Congress expressly precluded judicial and administrative review of adjustments to the Outpatient Prospective Payment System. See Amgen, Inc. v. Smith, 357 F.3d 103 (D.C. Cir. 2004).