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Case Profile

Docket Number17-1484
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 DecidedJune 3, 2019

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 Count1024
Votes for Justice Affirm743
Votes to Justice Reverse281
% Justice (A)ffirm/(R)everse
72 (A)
Votes for Outcome Affirm102
Votes for Outcome Reverse13
% Outcome (A)ffirm/(R)everse
88 (A)
Predicted Outcome

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