AMERICAN HOSP. ASSOCIATION v. AZAR

No. 20-5193.

983 F.3d 528 (2020)

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

United States Court of Appeals, District of Columbia Circuit.

Decided December 29, 2020.


Attorney(s) appearing for the Case

Lisa S. Blatt argued the cause for appellants. With her on the briefs was Whitney D. Hermandorfer , Washington, DC.

Chad I. Golder was on the brief for amici curiae Forty State Hospital Associations in support of appellants.

Benjamin G. Shatz , Los Angeles, CA, was on the brief for amicus curiae Healthcare Financial Management Association in support of appellants.

Daryl L. Joseffer , Tara S. Morrissey , Jeffrey S. Bucholtz , and Joel McElvain , Washington, DC, were on the brief for amicus curiae Chamber of Commerce of the United States of America in support of appellants.

Courtney L. Dixon , Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Ethan P. Davis , Acting Assistant Attorney General, Scott R. McIntosh , Attorney, Robert P. Charrow , General Counsel, U.S. Department of Health & Human Services, Brenna E. Jenny , Deputy General Counsel & Chief Legal Officer-CMS.

Robert Henneke and Jeffrey M. Harris were on the brief for amici curiae Texas Public Policy Foundation, et al. in support of appellee.

Before: Tatel and Garland, Circuit Judges, and Edwards, Senior Circuit Judge.


As part of the Affordable Care Act, Congress required hospitals to make public "a list" of "standard charges" in accordance with guidelines developed by the Secretary of Health and Human Services. 42 U.S.C. § 300gg-18(e). By rule, the Secretary defined "standard charges" to include prices that hospitals charge insurers...

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