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Case Profile

Docket Number17-1484
Term2018
Full NameAlex M. Azar, II, Secretary of Health and Human Services v. Allina Health Services
Short NameAzar v. Allina Health Services
PetitionerAlex M. Azar, II, Secretary of Health and Human Services
RespondentAllina Health Services
Date Argued (Reargued)Jan. 15, 2019
Date Decided

Question Presented

The Department of Health and Human Services (HHS) must utilize notice-and-comment rulemaking to promulgate rules, requirements, or statements of policy that "establish[] or change[]" a "substantive legal standard" governing payment for services under the Medicare Act, 42 U.S.C. 1395hh(a)(2). See 42 U.S.C. 1395hh(b)(l). The question presented is: Whether Section 1395hh(a)(2) requires HHS to conduct notice-and-comment rulemaking before providing instructions to a Medicare Administrative Contractor that makes initial determinations of payments due under Medicare, when those instructions rest on a non-(cid:173) legally-binding administrative interpretation of a relevant statutory provision. LIMITED TO THE FOLLOWING QUESTION: WHETHER 42 U.S.C. §1395hh(a)(2) or §1395hh(a)(4) REQUIRED THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO CONDUCT NOTICE-AND-COMMENT RULEMAKING BEFORE PROVIDING THE CHALLENGED INSTRUCTIONS TO A MEDICARE ADMINISTRATOR CONTRACTOR MAKING INITIAL DETERMINATIONS OF PAYMENTS DUE UNDER MEDICARE.

Case Prediction Summary

- correct prediction- wrong prediction
Total Prediction Count96
Votes for Justice Affirm13
Votes to Justice Reverse83
% Justice (A)ffirm/(R)everse
87 (R)
Votes for Outcome Affirm2
Votes for Outcome Reverse9
% Outcome (A)ffirm/(R)everse
82 (R)
Predicted Outcome
Reverse

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