No. 19-68

Unity HealthCare v. Alex M. Azar, II, Secretary of Health and Human Services

Lower Court: Eighth Circuit
Docketed: 2019-07-12
Status: Denied
Type: Paid
Tags: administrative-law agency-deference agency-interpretation auer-deference civil-procedure judicial-review kisor-v-wilkie medicare medicare-regulations statutory-interpretation volume-decrease-adjustment
Latest Conference: 2019-11-15
Question Presented (from Petition)

This case presents the following question: whether federal courts must defer to an agency's reasonable interpretation of its own regulations (commonly referred to as "Auer deference"), as the Court of Appeals did here with respect to a claim by Unity HealthCare, a rural, non-profit acute care hospital, for a "volume decrease adjustment" provided for under the Medicare statute, 42 U.S.C. § 1395ww(d)(5)(D)(ii), and regulations promulgated by the Secretary of Health & Human Services, 42 C.F.R. § 412.92(e)(3).

Question Presented (AI Summary)

Whether federal courts must defer to an agency's reasonable interpretation of its own regulations

Docket Entries

2019-11-18
Petition DENIED.
2019-10-30
DISTRIBUTED for Conference of 11/15/2019.
2019-10-24
Reply of petitioner Unity HealthCare filed.
2019-10-11
Brief of respondent Azar, II, Alex in opposition filed.
2019-09-11
Motion to extend the time to file a response is granted and the time is further extended to and including October 11, 2019.
2019-09-10
Motion to extend the time to file a response from September 11, 2019 to October 11, 2019, submitted to The Clerk.
2019-08-07
Motion to extend the time to file a response is granted and the time is extended to and including September 11, 2019.
2019-08-06
Motion to extend the time to file a response from August 12, 2019 to September 11, 2019, submitted to The Clerk.
2019-07-10
Petition for a writ of certiorari filed. (Response due August 12, 2019)
2019-06-04
Application (18A1260) granted by Justice Gorsuch extending the time to file until July 10, 2019.
2019-05-31
Application (18A1260) to extend the time to file a petition for a writ of certiorari from June 10, 2019 to August 9, 2019, submitted to Justice Gorsuch.

Attorneys

Azar, II, Alex
Noel J. FranciscoSolicitor General, Respondent
Unity HealthCare
Jonathan BiranBaker, Donelson, Bearman, Caldwell & Berkowitz, PC, Petitioner