AMERICAN HOSP. ASSOCIATION v. AZAR

No. 19-5352 Consolidated with 19-5353, 19-5354.

964 F.3d 1230 (2020)

AMERICAN HOSPITAL ASSOCIATION, et al., Appellees v. Alex M. AZAR, II, in his official capacity as Secretary of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 2020.


Attorney(s) appearing for the Case

Alisa B. Klein , Attorney, U.S. Department of Justice, Washington, DC, argued the cause for appellant. With her on the briefs were Mark B. Stern , Attorney, Washington, DC, Robert P. Charrow , General Counsel, U.S. Department of Health & Human Services, Janice L. Hoffman , Associate General Counsel, Baltimore, MD, Susan Maxson Lyons , Deputy Associate General Counsel for Litigation, and Robert W. Balderston , Attorney, Washington, DC.

Howard R. Rubin and Robert T. Smith , Washington, DC, were on the brief for amici curiae Digestive Health Physicians Association, et al. in support of appellant.

Catherine E. Stetson argued the cause for appellees. With her on the brief were Susan M. Cook , Washington, DC, Katherine B. Wellington , Mark D. Polston , Joel McElvain , Christopher P. Kenny , and Michael LaBattaglia , Washington, DC. Kyle Druding , Washington, DC, entered an appearance.

Before: Srinivasan, Chief Judge, Garland and Millett, Circuit Judges.


Many hospitals provide outpatient care at off-site facilities known as "off-campus provider-based departments," or PBDs. Certain services offered by hospitals at off-campus PBDs, such as routine clinic visits, can also be provided by independent physician practices unaffiliated with a hospital. Although off-campus PBDs and...

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