Secretary's Remedy Response Brief

August 3, 2018  Civil Action No. 14-cv-00851 (JEB)

Defendants' Status Report and Response to Plaintiffs' Proposed Non-Deadline Remedies

To begin, AHA’s proposals cannot be justified based on the current record, which has changed considerably since the Court last determined that mandamus relief was appropriate in December of 2016. Indeed, the circumstances of the case have changed dramatically following the Court’s last hearing in March of this year because Congress has since appropriated significant additional funding to the Office of Medicare Hearings and Appeals (“OMHA”) that will allow OMHA to hire numerous new ALJs and staff and more than double its current adjudication capacity. Given this appropriation, HHS is now able to project that, with a continuation of current funding levels, the Secretary will be able to eliminate the backlog entirely in FY 2022.

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