On Monday, June 28, 2021, the U.S. Supreme Court declined to hear an appeal upholding the Department of Health and Human Services’ (HHS) site-neutral Medicare pay policy.  American Hospital Association, et al v. Alex M. Azar II in his capacity as Secretary of HHS. 

The U.S. Court of Appeals for the Seventh Circuit recently announced the fundamental legal requirement that a Medicare provider must exhaust all administrative remedies before being able to bring a court...

The American Hospital Association (AHA) and a number of hospitals have asked the U.S. Supreme Court to hear a case raising whether “Chevron” deference should apply when a law being interpreted prevents a court’s ability to weigh the lawfulness of a particular agency action. 

On July 17, 2020, a panel of the U.S. Court of Appeals for the District of Columbia reversed a lower court decision and held that the HHS policy of reducing Medicare payment to off-site outpatient hospital sites for certain services did not have to be budget neutral.