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Government’s Remedies Reply Brief

The Court determined that the U.S. Department of Health and Human Services ("Agency") acted in an ultra vires fashion when it reduced the payment, in the 2018 Medicare Outpatient Prospective Payment System Rule ("OPPS Rule"), 82 Fed. Reg. at 52, 362, for drugs purchased through the 340B Program. Memorandum Opinion ("Op."), Dec. 27, 2018, ECF No. 25. The Court, however, declined to issue a remedy without further briefing, as it recognized that the remedy in this case could potentially wreak havoc on the vast and complex Medicare payment system.

Minute Order of Judge Collyer Establishing New Consolidated Briefing Schedule in Site Neutral Lawsuit

MINUTE ORDER resetting the briefing schedule after consideration of the parties' response to the Court's February 27, 2019 Minute Order.

Hospital Associations, Amicus Brief in 340B Appeal (Feb. 22, 2018)

Amici curiae are 35 state and regional hospital associations that represent thousands of hospitals and health systems.

Appeals court dismisses 340B payment lawsuit for lack of presentment

AMERICAN HOSPITAL ASSOCIATION, ET AL., APPELLANTS v.

Letter to U.S. Court of Appeals for the D.C. Circuit providing MAC notices as exhibits re: 340B appeals

June 14, 2018 - Appellants provide two recent notices issue by Medicare Administrative Contractors (MACs).

AHA reply brief in 340B appeal

The AHA, Association of American Medical Colleges, America’s Essential Hospitals, Eastern Maine Healthcare Systems, Henry Ford Health System and Adventist Health System's Park Ridge Health yesterda