Litigation: AHA, Hospitals Sue to Require HHS to Meet Deadlines for Deciding Appeals
Additional legal briefs and documents from 2014 to 2017. For the most current litigation briefs and resources, visit AHA's Litigation section.
Appeals court sends order to eliminate backlog of Medicare appeals back to trial court (August 11, 2017)
Government's reply brief in the ALJ Delay Mandamus Appeal (April 6, 2017)
AHA, Hospitals Reply Brief (and Statutory Addendum) in the Government’s appeal of the ALJ Delay mandamus order (March 23, 2017)
Government's brief and Joint Appendix in their appeal of the ALJ delay mandamus order (February 21, 2017)
Court rejects government's request to reconsider court order compelling HHS to reduce the appeals backlog (January 4, 2017)
Opposition to government's motion for reconsideration, Dec. 21, 2016
AHA, Hospital reply brief, Nov. 15, 2016
Government's motion for stay DENIED, Sept. 19, 2016
Government’s reply brief, July 1, 2016
AHA, Hospitals Brief Opposing Stay June 13, 2016
Govt. Motion to Stay Proceedings on Remand, May 25, 2016
- HHS Declaration in Support of Motion for Stay, May 25, 2016
- Proposed Order for Granting Stay, May 25, 2016
ALJ Delay Mandamus Appeal: D.C. Circuit Court Reverses Lower Court's Decision, Feb. 9, 2016
AHA, Hospitals reply brief in ALJ delay appeal, July 15, 2015
Government's reply brief in ALJ delay appeal, July 1, 2015
Government's request for extra time to file responsive brief in appeal granted, May 8, 2015
AHA, hospitals oppose request to extend time for government’s response, May 7, 2015
Opening appeal brief from AHA, hospitals, May 4, 2015
Court dismisses ALJ delay case, Dec. 18, 2014
Government's brief in support of its motion to dismiss, Oct 17, 2014
- Declaration of Nancy J. Griswold Chief Administrative Law Judge of Office of Medicare Hearings and Appeals
- Declaration of Lester D. Cash
AHA, Hospitals brief opposing govt. motion to dismiss, further supporting our motion for summary judgment, Oct. 2, 2014
Government responds to AHA, Hospitals complaint and motion for summary judgment, Sept. 11, 2014
Briefing Schedule Set in ALJ Delay Litigation, Aug. 29, 2014
MINUTE ORDER granting the parties' Joint [11] Motion for Briefing Schedule. The Court ORDERS that the Plaintiffs shall file a consolidated brief in opposition to Defendant's forthcoming Motion to Dismiss and reply in support of Plaintiffs' Motion for Summary Judgment, not to exceed forty-five pages, on or before October 2, 2014; and Defendant shall file a reply brief in support of her forthcoming Motion to Dismiss on or before October 17, 2014. Signed by Judge James E. Boasberg on 08/29/14. (lcjeb1)
Parties Jointly Request Briefing Schedule, Aug. 29, 2014
Government's motion for extension of time to respond granted, July 22, 2014
MINUTE ORDER GRANTING Defendant's 9 Motion for Extension of Time to Respond to Complaint and Plaintiff's Motion for Summary Judgment. The Court ORDERS that Defendant shall respond to the Complaint and to Plaintiffs' Motion for Summary Judgment on or before September 11, 2014. Signed by Judge James E. Boasberg on 7/22/2014. (lcjeb3)
AHA, Hospitals Oppose Government’s Request for Delay, July 22, 2014
DOJ Requests 45-Day Extension to Respond to ALJ Delay Lawsuit, July 21, 2014
AHA, Hospitals’ Motion for Summary Judgment ALJ Delay Lawsuit, July 11, 2014
- [Proposed Order]
- Exhibit 1: Medicare Administrative Appeals Process
- Exhibit 2: OMHA Feb 12 Forum Presentation Slides
- Exhibit 3: OMHA Dec 24 Memo re Moratorium
- Exhibit 4: OMHA Adjudication Timeframes and Statistics
- Exhibit 5: Results from AHA RACTRAC Survey, 1st Quarter 2014
- Exhibit 6: Article from Inside Health Policy - ALJs Lay Path Forward For Stakeholders As Appeals Backlog Continues
- Exhibit 7: July 10, 2014 Statement of Chief ALJ Griswold before Subcommittee of the House Committee on Oversight and Government Reform
- Exhibit 8: Feb. 12, 2014 AMA Letter to Chief ALJ Griswold re appeals backlog
- Exhibit 9: March 27, 2014 AdvaMed letter to Sec. Sebelius re OHMA moratorium
AHA, hospitals ask court to compel HHS to meet hearing deadlines, July 11, 2014
AHA, hospitals mandamus complaint to compel timely administrative review of Medicare claims denials, May 22, 2014