No. 20-1486
Empire Health Foundation, for Valley Hospital Medical Center v. Xavier Becerra, Secretary of Health and Human Services
Relisted (2)
Tags: administrative-law agency-rulemaking disproportionate-share-hospital disproportionate-share-hospital-payments due-process logical-outgrowth medicare medicare-payments notice-and-comment
Latest Conference:
2021-07-01
(distributed 2 times)
Question Presented (from Petition)
1) Whether agencies must accurately include key facts and data in notices of proposed rulemaking in order to satisfy the requirements of fair notice and the opportunity for the public to meaningfully comment; and
2) Whether, whenever a proposal presents a binary choice of policies, the adoption of one of those policies will always be a "logical outgrowth" of the proposal that can excuse any failure to comply with notice-and-comment obligations.
Question Presented (AI Summary)
Whether agencies must accurately include key facts and data in notices of proposed rulemaking to satisfy fair-notice, public-comment
Docket Entries
2021-07-02
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 7/1/2021.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-07
Reply of petitioner Empire Health Foundation, for Valley Hospital Medical Center filed. (Distributed)
2021-05-24
Brief of respondent Xavier Becerra, Secretary of Health & Human Services in opposition filed.
2021-04-19
Petition for a writ of certiorari filed. (Response due May 24, 2021)
Attorneys
Empire Health Foundation, for Valley Hospital Medical Center
Daniel J. Hettich — King & Spalding, LLP, Petitioner
Xavier Becerra, Secretary of Health & Human Services
Elizabeth B. Prelogar — Acting Solicitor General, Respondent