Past Litigation

For current and active litigation resources, visit AHA's Litigation section.

AHA, Hospitals Sue to Require HHS to Meet Deadlines for Deciding Appeals

Court rules for AHA in Medicare appeals backlog case (Nov. 1, 2018)

AHA, Hospitals reply to Government’s response to recommended non-deadline remedies (Aug. 10, 2018)

Government's Response to the Remedies Response (Aug. 3, 2018)

The Court grants govt until Aug 3 to respond to AHA, Hospitals remedies brief (July 19, 2018)

Government does not get anywhere as much time for its reply as they requested (July 11, 2018) 

AHA, Hospitals Oppose the Secretary Motion for Extension of Time to Reply (July 5, 2018)

AHA, Hospitals brief outlining non-deadline remedies to address appeals backlog (June 22, 2018)

Court Order (March 22, 2018)

Court Sets Hearing Date for ALJ Delay Mandamus Remand (February 27, 2018)

AHA's and Hospitals' Reply Brief: Reinstate HHS Deadline to Clear Appeals Backlog (February 15, 2018)

Government’s Brief in Support of its Motion for Summary Judgment/in Opposition to AHA, Hospitals’ Motion for Summary Judgment (February 1, 2018)

AHA's and Hospitals' Reply Brief on Mandamus Remand (December 20, 2017)

Declaration of George Mills, Deputy Director of the Center for Program Integrity (CPI), CMS (November 22, 2017)

Government's Motion for Summary Judgment in the ALJ Mandamus Remand (November 3, 2017)

Court Grants In Part Govt’s Request for Additional Time (October 25, 2017)

AHA, Hospitals Oppose Request of Govt. for Additional Time to File (October 23, 2017)

Government Requests Extension of Time to File Its Motion for Summary Judgment (October 19, 2017)

Trial Court Sets Briefing Schedule in ALJ Mandamus Remand (September 28, 2017)

Appeals Court grants AHA, Hospitals Request for Immediate Issuance of Mandate of Remand (September 14, 2017)

AHA, Hospitals Unopposed Motion to Issue Mandate for Case Remand Without Delay (September 11, 2017)

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AHA, Hospital Associations, Hospitals Sue HHS Over Two-midnight Inpatient Admissions Rule

Two-Midnights and Other Requirements Complaint

Government’s responsive supplemental brief, February 29, 2016

AHA, associations, hospitals supplemental brief, February 1, 2016

AHA, Associations, Hospitals’ response to supplemental authority letter, October 22, 2014

Government's supplemental authority letter, October 20, 2014

Court decides to consider government’s motion to dismiss first, October 14, 2014

Government's brief supporting its motion to dismiss two-midnights litigation, September 4, 2014

AHA, Associations, Hospitals Oppose Government’s Motion to Stay Summary Judgment Briefing, August 18, 2014

Government’s Motion - Court should stay request for summary judgment to consider Government’s  motion to dismiss first, August 15, 2014

Court grants government extension of time to file reply to support its motion to dismiss complaint, August 11, 2014
Docket Text: Set/Reset Deadline: The defendant shall file her reply in support of her motion to dismiss on or before 9/4/2014. (ad)

AHA, Hospital Associations, Hospitals Request Summary Judgment, Oppose Government’s Motion to Dismiss 2-Midnight Complaint, August 4, 2014

Government moves to dismiss AHA, Associations, Hospitals’ 2-midnights complaint, July 16, 2014

AHA, Hospital Associations, Hospitals Complaint Regarding Two-midnight Rule, April 14, 2014

0.2 Percent Offset Complaint

AHA comments on CMS's Dec. 1, 2015 Notice about 0.2 percent reduction to Hospital IPPS payments, February 2, 2016

Court orders remand for the .2% payment offset related to the 2-midnight policy, September 21, 2015

AHA, Athens Regional and Bakersfield Heart Plaintiffs' Proposed Reply Supporting Vacatur, August 31, 2015

Shands Jacksonville, St. Helena Plaintiffs’ Proposed Reply Supporting Vacatur, August 31, 2015

Government’s Reply Opposing Vacatur, August 31, 2015

Supplemental Brief from Hospital Plaintiffs related to Remedies in FFY 2014 .2% offset case, August 24, 2015

Government’s Supplemental Brief related to Remedies in FFY 2014 .2% offset case, August 24, 2015

FFY 2015 .2% offset challenge transfer to Judge Moss
MINUTE ORDER granting [11] Unopposed Motion to Transfer the Case to Judge Moss. The Clerk is directed to transfer this case to Judge Randolph D. Moss. Signed by Judge Amit P. Mehta on 07/21/2015. (lcapm3)

Complaint challenging reduction in Medicare payment rates to hospitals for inpatient services in federal fiscal year (FFY) 2015, May 19, 2015

Government’s Reply Supporting its Cross-motion for Summary Judgment/Motion to Dismiss, November 21, 2014

AHA, Associations, Hospitals Reply Brief Opposing Government’s Motion to Dismiss/Cross-Motion for Summary Judgment, October 31, 2014

Government's response to our motion for summary judgment, October 15, 2014

AHA, Association, Hospitals Motion for Summary Judgment Refiled (per court order described below),  September 15, 2014

Court establishes briefing schedule in Consolidated 0.2 Percent Offset Cases, August 13, 2014

Judge consolidates AHA, Associations, Hospitals .2% cut cases with other pending .2% offset cases, July 23, 2014

Motion for briefing schedule in the AHA, associations, hospitals' .2% offset case, July 14, 2014

Government answers AHA, Associations, Hospitals complaint about .2% offset, June 16, 2014

AHA, Associations, Hospitals Motion for Summary Judgment — 0.2 Percent Offset, May 23, 2014 

AHA, Hospital Associations, Hospitals Complaint Regarding .2% payment cut, April 14, 2014

First steps taken to challenge 2-midnight rule, AHA News Now, January 22, 2014

PRRB Appeal: .2 percent payment cut    

Judge dismisses rebilling complaint, September 17, 2014

Changes to rebilling policy do not affect AHA, Hospitals current legal challenge, March 7, 2014

Govt. Response to AHA, Hospitals’ March 7, 2014 Supplemental Brief

Govt. Supplemental Brief on Impact of Final CMS Rule, October 28, 2013

Plaintiffs’ Supplemental Brief on Impact of Final CMS Rule, October 28, 2013

The Plaintiffs' Opposition to Defendant's Motion to Dismiss, June 27, 2013

Govt. Motion to Dismiss Complaint, June 6, 2013

Govt. Brief in Support of Its Motion to Dismiss Complaint, July 23, 2013 

Second Amended Complaint:  AHA, Hospitals Sue HHS on Part B Rebilling

Motion for Expedited Status Conference in RAC Rebilling Lawsuit

Proposed Motion for Summary Judgment in RAC Rebilling Lawsuit

Proposed Memorandum of Points and Authorities in Support of Motion for Summary Judgment

Declaration of Caroline Steinberg

Exhibit A to Proposed Motion for Summary Judgment

Exhibit B to Proposed Motion for Summary Judgment

Proposed Order

Amended Complaint: AHA, Hospital Systems Sue HHS

Complaint: AHA, Hospital Systems Sue HHS for Unfair Medicare Practices, Nov. 1, 2012

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