American Hospital Association

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AMERICAN HOSPITAL : ASSOCIATION, et al., : : Plaintiffs, : Civil Action No.: 18-2084 (RC) : v. : Re Document No.: 69 : XAVIER BECERRA, in his official capacity : as the Secretary of Health and Human Services, : et al., : : Defendants. : MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION TO HOLD UNLAWFUL AND REMEDY DEFENDANTS’ PAST UNDERPAYMENTS OF 340B DRUGS I. INTRODUCTION As part of its duty to administer the Medicare statute, the Department of Health and Human Services (“HHS”) establishes annual rates…