AHA, Hospitals reply to Government's response to recommended non-deadline remedies

American Hospital Association, et al., Plaintiffs, v.  Alex Azar, in his official capacity as Secretary of Health and Human Services, Defendant

Civil Action No. 14-CV-851-JEB

At this Court’s request following the March status conference, Plaintiffs went back to the drawing board and came up with nine non-deadline remedies that can make meaningful progress toward eliminating the backlog; prevent additional appeals from entering the backlog; even out settlement incentives; and give the Court a modest oversight role to ensure steady forward progress. Plaintiffs further explained why each remedy was lawful, possible, and tailored to address the Court’s concerns at the last hearing.

The Department of Health and Human Services’s response can be summed up with a single word: No. HHS’s response rejects every single one of Plaintiffs’ proposals—except status reports—including proposals offered in direct response to the Court’s comments at the March conference.

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