Litigation

Disclosure of Negotiated Charges

Government’s Reply Brief in Disclosure of Negotiated Charges Lawsuit (March 24, 2020)

Court Sets April 22 Hearing Date in AHA’s Challenge to the Rule Requiring Hospitals to Disclose Negotiated Charges (March 5., 2020)

US Chamber of Commerce Files Amicus Brief Supporting Legal Challenge to Rule Requiring Disclosure of Negotiated Charges (Feb. 28. 2020)

AHA Reply Brief in Case to Prevent Disclosure of Negotiated Contracts (Feb. 28, 2020)

Amicus Brief of the State Hospital Associations in Support of AHA Lawsuit Challenging Disclosure of Negotiated Charges Rule (Feb. 28, 2020)

Government Moves for Summary Judgement in Disclosure of Negotiated Charges Lawsuit (Feb. 4, 2020)

Scheduling Order Signed by Judge Nichols (Dec. 18, 2019)

Joint Motion for Scheduling Order (December 13, 2019)

AHA, Hospital Group Brief in Support of Their Motion for Summary Judgment (Dec. 9, 2019)

Hospital Groups File Lawsuit Over Illegal Rule Mandating Public Disclosure of Individually Negotiated Rates, December 4, 2019

Site Neutral Payment Policy

Government’s Reply in the Site Neutral 2020 Lawsuit (March 12, 2020)

Government’s Reply in Appeal of Its Site Neutral Loss (March 11, 2020)

AHA Responds to the Government’s Opposition Brief/Cross-Motion in the 2020 Site Neutral Rulemaking Challenge (March 3, 2020)

Government’s Opposition Brief/Cross-Motion in the 2020 Site Neutral Rulemaking Challenge (Feb 18, 2020)

Appeals Court Urged to Reject CMS Argument in Outpatient Payment Case (Feb. 20, 2020)

Court Sets oral Argument Date of April 17 in the Government’s Appeal of Its Loss on Site-Neutral Payment Reduction (Feb. 10, 2020)

2020 Site Neutral Amended Complaint  (Feb. 2, 2020)

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

Government’s Initial Brief in Their Appeal of AHA, AAMC and Hospitals’ Site Neutral Win (Jan. 23, 2020)

Site Neutral 2020 Complaint (Jan. 13, 2020)

Briefing schedule in the goverment's appeal of its loss in AHA, AAMC and hospital’s challenge to site neutral payment reduction (Dec. 18, 2019).

Court Decision on Motion to Enforce (Dec. 16, 2019)

Government Notice of Its Appeal of Site Neutral Court Ruling that Favored Hospitals (December 12, 2019)

CMS Will Repay 2019 Outpatient Payment Cut as a Result of AHA Lawsuit (December 12, 2019)

Supplemental Notice In Support of Motion to Enforce (December 12, 2019)

AHA, AAMC and Hospitals Respond in Support of Their Motion to Enforce the Court’s Judgment (December 5, 2019)

United States Government’s Response to AHA, AAMC and Hospitals Motion to Enforce Court’s Judgment, November 25, 2019

Plaintiffs’ Motion to Enforce Judgment, November 11, 2019

Memorandum In Support of Plaintiffs’ Motion to Enforce Judgment, November 11, 2019

Court Sets Briefing Schedule on Our Motion to Enforce the Court's Judgment in the Case (Nov. 12, 2019)

Government’s Response to AHA, AAMC and Hospitals’ Notice of Intent to Enforce Court’s Order Vacating Site Neutral Payment Reduction, November 7, 2019

Notice of Intent to File Motion to Enforce Judgment and Request for Briefing Schedule, November 6, 2019

Proposed Order Setting the Briefing Schedule For Plaintiffs’ Motion to Enforce Judgment, November 6, 2019

Court’s Final Order Closing the Case, October 21, 2019

Court Will Neither Modify Nor Stay The Order Vacating The Rule’s Provisions, October 21, 2019

Government Remedy Reply (October 7, 2019)

Joint Status Report (Oct. 1, 2019)

AHA, AAMC, Hospitals Opposition to Government’s Motion to Modify Order Vacating Rule’s Provision (Sept. 30, 2019)

Government Motion/Brief in Support of Reconsideration (September 23, 2019)

Government Proposed Order for the Court (September 23, 2019)

Opinion in the AHA's Case on OPPS Site Neutral Payment Policy (September 17, 2019)

AHA, AAMC and Hospitals Response to Judge Show Cause Order On Consolidation (August 20, 2019)

Order to Show Cause (August 15, 2019)

AHA and hospital organizations notice and request for a status conference (August 8, 2019)

Government's reply in support of its motion (April 19, 2019)

Reply in Support of Plaintiffs’ Motion for Summary Judgment and Memorandum in Opposition to Defendant’s Cross-Motion to Dismiss or for Summary Judgment (April 5, 2019)

Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Memorandum in Support of Motion to Dismiss (March 22, 2019)

Minute order of Judge Collyer establishing new consolidated briefing schedule in site neutral lawsuit (March 9, 2019)

Response to the Court’s Minute Order of February 27, 2019 (March 6, 2019)

Court’s minute order setting case briefing schedule (February 4, 2019)

Plaintiffs’ Motion/Brief for Summary Judgment (February 1, 2019)

Joint Motion for Briefing Schedule (February 1, 2019)

Amended Complaint (January 29, 2019)

Complaint Challenging Site Neutral Payment Policy (December 4, 2018)


340B Delayed Regulations on Transparency and CMPs

Stipulation of Dismissal, April 25, 2019

Joint Status Report and Stipulation of Dismissal, April 25, 2019

Minute Order Ordering Parties to File Joint Status Report (April 3, 2019)

Defendant's Status Report (April 3, 2019)

Minute Order Vacating Status Conference and Order that Defendants file Status Report (March 14, 2019)

Status Report (February 28, 2019)

Joint Motion to Cancel Status Conference and Require Defendants to File a Status Report (March 14, 2019)

Amended complaint (December 20, 2018)

Court Order for Status Reports and Amendment of Complaint (December 12, 2018)

Defendant's Reply in Support of Motion to Dismiss for Lack of Jurisdiction (December 3, 2018)

Memorandum in Opposition to Defendants' Motion to Dismiss and Reply in Support of Summary Judgment (November 21, 2018)

Government’s memorandum, in opposition to our motion for summary judgment and in support of their motion to dismiss (November 13, 2018)

Briefing schedule proposed order (November 7, 2018)

Order denying the Government's motion to stay (November 2, 2018)

Government's notice related to Notice of Proposed Rulemaking (October 31, 2018)

Reply to Opposition to Motion for a Stay (October 25, 2018)

Opposition to Motion for a Stay (October 18, 2018)

HHS Motion for A Stay (October 15, 2018)

Hospital groups sue HHS seeking 340B price transparency now (September 11, 2018)

340B Payment Reductions in the CY 2018 Final OPPS Rule

AHA, Associations, Hospitals response the Government’s Letter to the D.C. Circuit Following Oral Argument in Appeal of The District Court’s Judgment (November 14, 2019)

Government’s Letter to the D.C. Circuit Following Oral Argument in Appeal of the District Court’s Judgment in Favor AHA, Associations, and Hospitals (November 12, 2019)

Government's Reply Brief in Its Appeal (October 11, 2019)

AHA, Associations, Hospitals Reply Brief in Government Appeal 340B (September 24, 2019)

Amicus Brief Filed by the Federation of American Hospitals (FAH) (September 10, 2019)

Government’s Initial Brief in Their Appeal of the Judgement In Favor of the AHA, Associations and Hospitals (Sept. 3, 2019)

Court Grants the Motion to Expedite the Appeal in 340B (July 30, 2019)

Appellees’ Consent Motion to Expedite Briefing (July 24, 2019)

Memorandum Opinion Granting Defendants' Motion for Entry of Final Judgement, (July 10, 2019)

Defendant's reply in Support of Motion for Reconsideration and Entry of Final Judgment (June 10, 2019)

Plaintiffs’ Response to Defendants’ Motion for Reconsideration, Entry of Final Judgment, and Expedited Briefing (June 7, 2019)

Plaintiffs’ Reply In Support of Motion for a Firm Date (June 4, 2019)

Government’s Reply to Plaintiff's Motion to Expedite a Remedy (May 31, 2019)

Plaintiffs’ Motion for a Firm Date by Which Defendants Must Propose a Remedy for Violations of the Medicare Act (May 10, 2019)

Memorandum Opinion Granting in Part Plaintiffs’ Motion for a Permanent Injunction; Remanding the 2018 and 2019 OPPS Rules to HHS (May 6, 2019)

Opposition to Government’s Motion to Dismiss and Reply in Support of Motion for a Permanent Injunction Covering the 2019 OPPS Rule (February 26, 2019)

Memorandum in Support of Motion to Dismiss New Claim and Opposition to Motion for Permanent Injunctions with Respect to 2019 OPPS Rule (February 22, 2019)

AHA, Associations, Hospitals’ motion for an injunction for 2019 (February 11, 2019)

AHA, Associations, Hospitals Remedies Reply Brief (February 14, 2019)

Government’s Remedies Reply Brief (February 14, 2019)

AHA, Associations, Hospitals Motion for Leave to File Supplemental Complaint (February 7, 2019)

Federation of American Hospitals’ Motion for Leave to file Amicus in support of neither party (February 7, 2019)

AHA, Associations, Hospitals Remedies Brief (January 31, 2019)

Govt. Remedies Brief (January 31, 2019)

AHA, Associations, Hospitals Opposition to Request to Stay Proceedings (January. 7, 2019)

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