ALJ Delay Status Report and Dashboard Re: AHA, Hospitals Sue to Require HHS to Meet Deadlines for Deciding Appeals

September 24, 2020

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_________________________________________


Civil Action No. 14-cv-00851 (JEB)

AMERICAN HOSPITAL ASSOCIATION, et al.,  Plaintiffs,
v.                                                                                
ALEX. M. AZAR, in his official capacity as 
Secretary of Health and Human Services, Defendant.                                                        

DEFENDANT’S STATUS REPORT

Pursuant to the Court’s 2018 Order (ECF No. 89), the Secretary of Health and Human
Services (“HHS”) provides this status report to inform the Court that HHS remains on track to
meet the reduction targets set forth in the Court’s November 1, 2018 Order. Attached to this
status report as Exhibit 1 are statistics concerning, inter alia, the backlog of appeals at the Office
of Medicare Hearings and Appeals (“OMHA”) as of the end of the second quarter of FY 2020.
See Medicare Appeals Dashboard, Exhibit 1. By the end of the third quarter of 2020, a total of
201,292 appeals remain pending at OMHA, which is a 52.8% reduction from the starting number
of appeals identified in the Court’s order (426,594 appeals).

Dated: September 24, 2020

Respectfully submitted,

JEFFREY BOSSERT CLARK
Acting Assistant Attorney General

JEAN LIN
Special Litigation Counsel
Federal Programs Branch

/s/ Justin M. Sandberg

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