The AHA, joined by member hospitals and health systems and other national organizations representing hospitals, today filed reply briefs in their petitions asking the U.S. Supreme Court to reverse appeals court decisions in two important cases for patients and providers. The two cases being appealed to the U.S. Supreme Court are:

  • A lawsuit challenging the U.S. Department of Health and Human Services’ nearly 30% cut to 2018 and 2019 Medicare outpatient prospective payment system drug payments for certain hospitals participating in the 340B Drug Pricing Program. A district court had sided with the AHA and found that the payment reductions were unlawful. However, last July, two members of the three-judge panel of the U.S. Court of Appeals agreed to overturn that ruling, despite a spirited dissent questioning the majority’s deference to the government’s position.
     
  • A lawsuit challenging HHS’ payment reductions in the 2019 outpatient payment rule for certain hospital outpatient off-campus provider-based departments. A lower court twice found that HHS exceeded its statutory authority when it reduced these payments. But, in July, a three-judge appeals panel reversed this decision.

View today’s 340B and site-neutral reply briefs for more details. The Supreme Court is expected to decide sometime next month if it will take one or both of these cases.

Related News Articles

Headline
The AHA, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, and Children’s Hospital Association yesterday urged the U.S.…
Blog
With a few hours to digest this morning’s oral argument in American Hospital Association v. Becerra, I wanted provide a few high-level reactions. First, the…
Blog
The Supreme Court of the United States Nov. 30 will hear oral arguments in a case brought by the AHA and others asking the court to reverse the 2020 federal…
Blog
A new report from the Community Oncology Alliance (COA) once again tries to obfuscate the issue of sky-rocketing drug prices by choosing to blame hospitals…
Headline
In a letter sent yesterday to the Centers for Medicare & Medicaid Services, AHA expressed its continued concerns about audit determinations denying…
Headline
AHA yesterday urged the Centers for Medicare & Medicaid Services to rescind its recent audit determinations denying hospitals a mid-build exception to…