AMERICAN HOSPITAL ASSOCIATION, ET AL., PETITIONERS v. XAVIER BECERRA, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL., 596 U.S. 724

Summary

HOLDINGS: [1]-Nothing in 42 U.S.C.S. § 1395l(t) precluded judicial review of reimbursement rates set under paragraph (14); [2]-The Department of Health and Human Services (HHS's) 2018 and 2019 reimbursement rates for 340B hospitals, which were substantially lower than for non-340B hospitals, were contrary to 42 U.S.C.S. § 1395l(t)(14) and unlawful because, absent a survey of hospitals’ acquisition costs, HHS could not vary the reimbursement rates for 340B hospitals, and HHS had not conducted the required survey of hospitals’ acquisition costs.