Litigation

MINUTE ORDER resetting the briefing schedule after consideration of the parties' response to the Court's February 27, 2019 Minute Order.
Following a December 17, 2018 status conference, the Court issued a minute order requiring defendants to "file [a] status report[] pertaining to their progress in publishing pricing data by not later than February 28, 2019 . . . ." Minute Order, Dec. 18, 2018. Consistent with their representations…
In a highly unusual filing, Defendants seek to defend the 2019 OPPS Rule with arguments that Defendants forthrightly acknowledge the Court has already rejected. See Gov’t Mem. in Supp. of Mot to Dismiss New Claim & Opp’n to Mot. for Perm. Inj. With Respect to 2019 OPPS Rule (“Gov’t Mot.”), ECF…
The Court concluded that the defendants – the U.S. Department of Health and Human Services and its Secretary (referred to collectively throughout as “the Agency”) – acted in an ultra vires fashion by reducing the payment rate for drugs purchased through the 340B Program in the 2018 Outpatient…
In November 2018, Defendants issued a regulation requiring that, for calendar year 2019, the Centers for Medicare & Medicaid Services (CMS) reimburse drugs purchased under section 340B of the Public Health Services Act ("340B drugs") by using a methodology based on Average Sales Price minus 22.…
The AHA, Association of American Medical Colleges and America’s Essential Hospitals today said they expect to “refile promptly in district court” their lawsuit challenging a nearly 30% Medicare payment reduction for many hospitals in the 340B drug savings program.
Twenty-eight health care organizations, including the AHA, yesterday urged the Centers for Medicare & Medicaid Services to reconsider its decision to suspend $10.4 billion in risk adjustment transfers to insurers for 2017 until certain litigation is resolved.
Amicus Brief: Southern Baptist Hospital of Florida, Inc. Vs Jean Charles Jr. Guardian, Marie Charles Et Al
The American Hospital Association (AHA) is pleased to support your legislation, the Two-Midnight Rule Coordination and Improvement Act of 2014 (S. 2082), to delay enforcement of the Medicare inpatient admission and review criteria (the two-midnight policy).