Other Resources
Past Litigation
For current and active litigation resources, visit AHA's Litigation section.
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)
- Declaration of Krista Pedley (April 3, 2019)
Minute Order Vacating Status Conference and Order that Defendants file Status Report (March 14, 2019)
Status Report (February 28, 2019)
- Declaration of Krista Pedley (February 28, 2019)
Joint Motion to Cancel Status Conference and Require Defendants to File a Status Report (March 14, 2019)
- Proposed Order (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)
- Exhibit 1 - Declaration of Krista Pedley (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)
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)
- Secretary's Remedy Brief
- Griswold Remedy Declaration
- Mills Remedy Declaration
- McQueen Remedy Declaration
- Cochran Remedy Declaration
- Iwugo Remedy Declaration
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)
- Declaration of Michael R. Bagel
- Declaration of Nancy J. Griswold
- Declaration of Sherri McQueen
- Declaration of George G. Mills
- Memorandum of Points and Authorities in Support of Defendant's Motion for Summary Judgment
- Defendant's Statement of Facts
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)
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
- Declaration for Einstein Healthcare Network (Brunner)
- Declaration for The Mount Sinai Hospital (Hermann)
- Declaration for Banner Health (Morgan)
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
- Related Motion for Leave to File Two Reply Briefs (Aug. 31, 2015) - Court Granted Motion Sept. 1, 2015
- Related Proposed Order re Motion for Leave to File (Aug. 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)
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
Amended Complaint: AHA, Hospital Systems Sue HHS
Complaint: AHA, Hospital Systems Sue HHS for Unfair Medicare Practices, Nov. 1, 2012