AMERICAN HOSP. ASSOCIATION v. AZAR

No. 18-5004.

895 F.3d 822 (2018)

AMERICAN HOSPITAL ASSOCIATION, et al., Appellants v. Alex Michael AZAR II, in His Official Capacity as the Secretary of Health and Human Services and United States Department of Health and Human Services, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 2018.


Attorney(s) appearing for the Case

Michael R. Smith argued the cause for appellants. With him on the briefs were Carlos T. Angulo and Wen W. Shen .

Chad I. Golder and Sarah G. Boyce were on the brief for amici curiae 35 State and Regional Hospital Associations in support of plaintiff-appellants.

Laura Myron , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Chad A. Readler , Acting Assistant Attorney General, Jessie K. Liu , U.S. Attorney, and Mark B. Stern , Attorney, Robert P. Charrow , General Counsel, U.S. Department of Health and Human Services, Kelly M. Cleary , Deputy General Counsel, Janice L. Hoffman , Associate General Counsel, Susan M. Lyons , Deputy Associate General Counsel for Litigation, and Robert W. Balderston , Attorney.

Before: Srinivasan, Millett, and Katsas, Circuit Judges.


To obtain judicial review of claims arising under the Medicare Act, a plaintiff must first present the claims to the Secretary of Health and Human Services. In this case, we consider whether a plaintiff may satisfy this presentment requirement by filing comments in an informal rulemaking. We also consider whether a plaintiff...

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