Legal Opinion

DISTRICT HOSP. PARTNERS, LP v. Sebelius

District Court, District of Columbia

Decided July 5, 2011No. Civil Action 11-0116 (ESH)PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLEN SEGAL HUVELLE, District Judge.

Plaintiffs own and operate 186 hospitals that participate in the Medicare program. They have sued the Secretary of the Department of Health and Human Services (“Secretary”) in her official capacity, alleging that her methodology for setting thresholds for outlier payments to their hospitals, under the Medicare Act, 42 U.S.C. § 1395 et seq., was arbitrary and capricious. Plaintiffs seek a declaration that the Secretary’s actions violated the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701, 706, and that they are entitled to additional…

2Cases cited30 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  4. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  5. Bowen v. Michigan Academy of Family PhysiciansSupreme Court of the United States · 1986

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3Cited by17 opinions

  1. District Hospital Partners v. Sylvia Mathews BurwellCourt of Appeals for the D.C. Circuit · 2015
  2. Banner Health v. SebeliusDistrict Court, District of Columbia · 2012
  3. District Hospital Partners, L.P. v. SebeliusDistrict Court, District of Columbia · 2013
  4. BANNER HEALTH v. SebeliusDistrict Court, District of Columbia · 2011
  5. Viropharma Incorporated v. HamburgDistrict Court, District of Columbia · 2012

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