| 25-761 |
Novo Nordisk Inc., et al. v. Robert F. Kennedy, Secretary of Health and Human Services, et al. |
Third Circuit |
2025-12-29 |
Pending |
Amici (2) |
administrative-procedure-act agency-rulemaking constitutional-constraints medicare price-controls separation-of-powers |
The Inflation Reduction Act grants the Centers for Medicare and Medicaid Services ("CMS") unprecedented and unfettered authority to impose price contr… |
| 25A115 |
AstraZeneca Pharmaceuticals LP, et al. v. Robert F. Kennedy, Secretary of Health and Human Services, et al. |
Third Circuit |
2025-07-28 |
Presumed Complete |
|
drug-price-negotiation due-process inflation-reduction-act medicare patent-rights pharmaceutical-regulation |
Question not identified. |
| 23-7132 |
Thomas G. O'Lear v. United States |
Sixth Circuit |
2024-04-04 |
Denied |
Response WaivedIFP |
healthcare-fraud insurance-company medicaid medicare offense-level-enhancement sentencing-guidelines victim-definition vulnerable-victim |
United States Sentencing Guideline § 3A1.1 provides for a base offense level increase where the victim of the offense was vulnerable. In a case involv… |
| 23-546 |
Corporate Management, Incorporated, et al. v. United States, ex rel. James Aldridge, et al. |
Fifth Circuit |
2023-11-21 |
Denied |
Response Waived |
administrative-remedy cms due-process executive-compensation false-claims-act government-investigation materiality medicaid medicare medicare-reimbursement pay-and-chase |
1. Where the Centers for Medicare and Medicaid
Services (CMS) makes paym ents pursuant to a "pay
and chase" policy, are the certifications of Stone Co… |
| 22-6073 |
Lindsey Chow v. Ma Leyba, et al. |
California |
2022-11-16 |
Denied |
Response WaivedIFP |
bodily-rights civil-rights due-process equal-protection euthanasia fourteenth-amendment medical-autonomy medicare survivorship-rights |
1. Did the Supreme Court of California violate murder victim Henry Chow 's and
his children their Fourteenth Amendment rights of "life, liberty, and … |
| 22-339 |
Pfizer Inc. v. Department of Health and Human Services, et al. |
Second Circuit |
2022-10-12 |
Denied |
Amici (5) |
advisory-opinion-process anti-kickback-statute criminal-intent healthcare-fraud medical-decision-making medicare mens-rea remuneration rule-of-lenity statutory-interpretation |
Whether the AKS is violated only if the person offering the "remuneration * * * to induce" the purchase of federally reimbursed healthcare intends to … |
| 21-1308 |
J. Martin Robertson v. Larkspur Courts, et al. |
California |
2022-03-31 |
Denied |
Response Waived |
due-process equal-protection fourteenth-amendment medicaid medicare medicare-reporting privacy settlement-disclosure social-security social-security-privacy |
1. Whether Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 as amended by Section 204 of the Medicare IVIG Access and Strengthen… |
| 21-1140 |
UnitedHealthcare Insurance Company, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2022-02-16 |
Denied |
Amici (5) |
actuarial-equivalence administrative-law cms cms-rule healthcare-insurance medicare medicare-advantage overpayment-rule same-methodology statutory-interpretation |
1. Whether the Overpayment Rule violates the statute's "actuarial equivalence" and "same methodology" mandates.
2. Whether the Overpayment Rule is ot… |
| 21-528 |
Willie H. Goffney, Jr., et al. v. Xavier Becerra, Secretary of Health and Human Services |
Ninth Circuit |
2021-10-08 |
Denied |
Response Waived |
administrative-law agency-interpretation civil-procedure due-process judicial-review medicare medicare-claims regulatory-deference regulatory-interpretation statutory-construction statutory-interpretation |
1. Whether the regulatory deference test set forth in Auer v. Robbins, 519 U.S. 452 (1997) and Kisor v. Wilkie, --- U.S. ---, 189 S.Ct. 2400 (2019), s… |
| 21-408 |
Gertrude Parker v. United States |
Fifth Circuit |
2021-09-15 |
Denied |
Response Waived |
conspiracy-charge criminal-intent criminal-procedure effective-assistance-of-counsel general-verdict insufficient-evidence jury-verdict medicare medicare-statutes reasonable-interpretation sixth-amendment |
WHETHER PARKER WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AS A RESULT OF HER TRIAL… |
| 21-61 |
CHS-Glenwell Inc., et al. v. Ohio Department of Medicaid |
Ohio |
2021-07-16 |
Denied |
Response Waived |
administrative-law agency-deference due-process federal-preemption federal-regulation judicial-deference judicial-review medicaid-agency medicare state-medicaid |
1. Is a state Medicaid agency entitled to deference in judicial review of the agency's interpretation of an unambiguous, inapplicable federal Medicare… |
| 20-1694 |
Gregory Molden v. United States |
Fifth Circuit |
2021-06-08 |
Denied |
Response Waived |
civil-procedure constitutional-rights criminal-procedure criminal-prosecution due-process fifth-amendment health-care-fraud medicare medicare-regulations regulatory-compliance |
Petitioner in district court appeared in a jury trial with multiple co-defendants three of which like Petitioner were licensed physicians. All of the … |
| 20-1692 |
Henry Evans v. United States |
Fifth Circuit |
2021-06-07 |
Denied |
Response Waived |
administrative-law criminal-procedure criminal-prosecution expert-testimony health-care-fraud healthcare-fraud medicaid medicare medicare-regulations statutory-interpretation |
1.) Are the Medicare rules, regulations, and policies "controlling" in a criminal prosecution under 18 U.S.C. § 1347; i.e. is evidence of compliance o… |
| 20-1486 |
Empire Health Foundation, for Valley Hospital Medical Center v. Xavier Becerra, Secretary of Health and Human Services |
Ninth Circuit |
2021-04-22 |
Denied |
Relisted (2) |
administrative-law agency-rulemaking disproportionate-share-hospital disproportionate-share-hospital-payments due-process logical-outgrowth medicare medicare-payments notice-and-comment |
1) Whether agencies must accurately include key facts and data in notices of proposed rulemaking in order to satisfy the requirements of fair notice a… |
| 20-1114 |
American Hospital Association, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2021-02-12 |
Judgment Issued |
Amici (15)Relisted (3) |
administrative-law chevron-deference healthcare-regulation hospital-acquisition-cost medicare medicare-reimbursement reimbursement-rates statutory-interpretation survey-data |
Under federal law, the reimbursement rate paid by Medicare for specified covered outpatient drugs is set based on one of two alternative payment metho… |
| 20-805 |
RollinsNelson LTC Corp., et al. v. United States, ex rel. Jane Winters |
Ninth Circuit |
2020-12-14 |
Denied |
|
civil-rights due-process false-claims-act healthcare-provider inpatient-care medical-judgment medical-necessity medicare medicare-reimbursement objective-falsehood objective-falsity |
Whether the False Claims Act requires pleading and proof of an objectively false statement. |
| 20-566 |
United States, ex rel. Diana Juan v. Stephen Hauser, et al. |
Ninth Circuit |
2020-10-30 |
Denied |
Response Waived |
authority defendant-knowledge failure-to-act medicare medicare-fraud overbilling plausible-claim qui-tam remediation-authority systemic-automated systemic-overbilling |
Must a Qui Tam Relator in a systemic automated Medicare overbilling case specify more than each Defendant's knowledge that the systemic automated syst… |
| 20-371 |
Care Alternatives v. United States, et al. |
Third Circuit |
2020-09-23 |
Denied |
Amici (2)Response RequestedRelisted (2) |
circuit-split clinical-judgment false-claims-act hospice-care life-expectancy medical-certification medicare medicare-claims physician-opinion |
Whether a physician's honestly held clinical judgment regarding hospice certification can be "false" under the False Claims Act based solely on a reas… |
| 20-286 |
United States, ex rel. Stacey L. Janssen, as Special Administrator of the Estate of Megen Corin Duffy v. Lawrence Memorial Hospital |
Tenth Circuit |
2020-09-04 |
Denied |
Response Waived |
circuit-split false-claims-act materiality medicare medicare-reimbursement patient-arrival-times quality-reporting reimbursement statutory statutory-quality-reporting |
Whether a Medicare provider's knowing falsifications of hospital patient arrival times, known by the hospital to be material to statutory quality repo… |
| 19-1425 |
Palm Valley Health Care, Inc. v. Alex M. Azar, II, Secretary of Health and Human Services |
Fifth Circuit |
2020-06-26 |
Denied |
Response Waived |
administrative-procedure administrative-process delay due-process fundamental-unfairness homebound-status medicare medicare-appeals overpayment overpayment-determination provider-rights statistical-sampling |
1. Whether an administrative process that is fraught with delay and
fundamental unfairness and that clearly violates the provider's
constitutional Due… |
| 19-1407 |
Mercy O. Ainabe v. United States |
Fifth Circuit |
2020-06-24 |
Denied |
Response Waived |
corporate-entities health-care-claims health-care-fraud loss-calculation medicare medicare-fraud relevant-conduct sentencing-guidelines victim-definition |
(1) Whether the Medicare beneficiaries whose health
care treatments form the basis of fraudulent Medicare
claims fit the definition of "victims" for p… |
| 19-7538 |
Victoria Carlson, et vir v. Jodi Harpstead, Commissioner, Minnesota Department of Human Services, et al. |
Minnesota |
2020-02-04 |
Denied |
Response WaivedRelisted (2)IFP |
administrative-procedure administrative-procedures breast-cancer-treatment civil-rights constitutional-rights due-process federal-statute medicaid medicaid-coverage medical-assistance medicare state-statute statutory-interpretation |
1) Whether the applicable "plain and unambiguous " language in light of Hauser v.
IdahoDWP and of Congress 's federal statute 42 U.S.C. 1396a(aa) and… |
| 19-866 |
Emmanuel E. Ubinas-Brache v. Surgery Center of Texas, LP |
Texas |
2020-01-10 |
Denied |
Response Waived |
anti-kickback-statute healthcare-fraud limited-partnership medicaid medicare partnership-agreement preemption state-contract-law surgical-center |
Animated by concerns over fraud and rising costs in federal healthcare reimbursement programs like Medicare and Medicaid, Congress enacted an anti-kic… |
| 19-225 |
United States, ex rel. Stephanie Strubbe, et al. v. Crawford County Memorial Hospital, et al. |
Eighth Circuit |
2019-08-20 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
billing civil-procedure false-claims-act medicare medicare-billing motion-to-dismiss pleading protected-activity qui-tam whistleblower |
1. Paramedics and EMTs at a county hospital were ordered by management to perform unnecessary services and then enter incorrect time into the hospital… |
| 19-68 |
Unity HealthCare v. Alex M. Azar, II, Secretary of Health and Human Services |
Eighth Circuit |
2019-07-12 |
Denied |
|
administrative-law agency-deference agency-interpretation auer-deference civil-procedure judicial-review kisor-v-wilkie medicare medicare-regulations statutory-interpretation volume-decrease-adjustment |
This case presents the following question: whether federal courts must defer to an agency's reasonable interpretation of its own regulations (commonly… |
| 18-828 |
Robert Ghiringhelli, et al. v. The Assurance Group, Inc. |
Sixth Circuit |
2019-01-02 |
Denied |
Response Waived |
breach-of-contract civil-rights contract contract-law federal-preemption insurance insurance-industry insurance-law medicare medicare-regulations separate-accrual-rule statute-of-limitations |
The case involves application of the "separate accrual rule" to commissions earned by the Petitioners and collected each month by the Respondent from … |