AMERICAN HOSP. ASS'N v. BURWELL

No. 15-5015.

812 F.3d 183 (2016)

AMERICAN HOSPITAL ASSOCIATION, et al., Appellants v. Sylvia Mathews BURWELL, in Her Official Capacity as Secretary of Health and Human Services, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 2016.


Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for appellants. With her on the briefs was Jaclyn L. DiLauro . Adam K. Levin entered an appearance.

Ronald S. Connelly was on the brief for amicus curiae Fund for Access to Inpatient Rehabilitation in support of appellants.

Joshua M. Salzman , Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Vincent H. Cohen Jr. , Acting U.S. Attorney, Mark B. Stern , Attorney, William B. Schultz , General Counsel, U.S. Department of Health and Human Services, Janice L. Hoffman , Associate General Counsel, and Susan Maxson Lyons , Deputy Associate General Counsel.

Opinion for the Court filed by Circuit Judge TATEL.


At heart, this case is about an agency caught between two congressionally assigned tasks. Congress has prescribed specific time frames for the Secretary of Health and Human Services to reach decisions on various stages of administrative appeals of Medicare reimbursement claim denials. But Congress has also directed the Secretary...

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