2020 Site Neutral Summary Judgment Brief (Feb. 2, 2020)

In September 2019, this Court issued a decision finding portions of the CMS rulemaking governing Medicare payments for hospital outpatient services for Calendar Year (CY) 2019 to be ultra vires, vacating those portions of the 2019 Final Rule. CMS filed a motion to modify the Court’s order to permit remand without vacatur, which the Court denied. Notwithstanding this Court’s rulings, CMS proceeded with a fresh rulemaking for CY 2020, in which it implemented the same payment rate reduction that this Court had already declared unlawful.

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