No. 20-37

Xavier Becerra, Secretary of Health and Human Services, et al. v. Charles Gresham, et al.

Lower Court: District of Columbia
Docketed: 2020-07-16
Status: Judgment Issued
Type: Paid
Relisted (2) Experienced Counsel
Tags: administrative-law agency-discretion civil-rights demonstration-projects health-care-coverage medicaid medicaid-demonstration-projects statutory-interpretation work-requirements
Key Terms:
AdministrativeLaw SocialSecurity Securities JusticiabilityDoctri
Latest Conference: 2020-12-04 (distributed 2 times)
Related Cases: 20-38 (Vide)
Question Presented (AI Summary)

Whether the Secretary may authorize demonstration projects to test requirements designed to promote the provision of health-care coverage by facilitating the transition of Medicaid beneficiaries to commercial coverage and improving their health

Question Presented (from Petition)

QUESTION PRESENTED The Social Security Act, 42 U.S.C. 301 et seq., authorizes the Secretary of Health and Human Services to approve “any experimental, pilot, or demonstration project” proposed by a State that, “in the judgment of the Secretary, is likely to assist in promoting the objectives” of the Medicaid program. 42 U.S.C. 1815(a). Exercising that authority, the Secretary approved demonstration projects in Arkansas and New Hampshire designed to test whether certain requirements promote those objectives by requiring certain working-age, nondisabled adults to engage in work or skill-building activities (such as job-skills training or general education) as a condition of continued eligibility for Medicaid benefits. The Secretary determined that such requirements may help beneficiaries transition to employersponsored or federally subsidized commercial coverage and may lead to improved beneficiary health, which in turn may help States conserve resources that can be redirected to providing other coverage. The court of appeals held the Secretary’s approvals unlawful. It concluded that “the principal objective of Medicaid is providing health care coverage,” and that the Secretary had failed adequately to consider whether the projects would further that objective. App., infra, 9a-10a; see id. at 12a-21a. The question presented is as follows: Whether the court of appeals erred in concluding that the Secretary may not authorize demonstration projects to test requirements that are designed to promote the provision of health-care coverage by means of facilitating the transition of Medicaid beneficiaries to commercial coverage and improving their health. (I)

Docket Entries

2022-05-20
Judgment Issued
2021-02-22
CIRCULATED.
2021-02-08
Record from the U.S. District and Bankruptcy Courts are electronic and located on Pacer.
2021-02-08
Record from the U.S.C.A. District of Columbia Circuit is electronic and located on Pacer.
2021-02-04
Record requested from the U.S.C.A. D.C. Circuit.
2021-01-19
Brief of respondent New Hampshire Department of Health and Human Services in support filed (in 20-37).
2020-11-30
DISTRIBUTED for Conference of 12/4/2020.
2020-11-04
Reply of petitioners alex m. azar ii, secretary of health and human services, et al. filed. (Distributed)
2020-11-04
DISTRIBUTED for Conference of 11/20/2020.
2020-08-14
Brief of respondent New Hampshire Department of Health and Human Services in support filed.
2020-08-10
Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2020.
2020-08-07
Motion to extend the time to file a response from August 17, 2020 to October 16, 2020, submitted to The Clerk.
2020-07-13
Petition for a writ of certiorari filed. (Response due August 17, 2020)

Attorneys

AARP, et al.
Maame GyamfiAARP Foundation, Amicus
Maame GyamfiAARP Foundation, Amicus
Charles Gresham, et al.
Ian Heath GershengornJenner & Block, Respondent
Ian Heath GershengornJenner & Block, Respondent
Foundation for Government Accountability
Jeffrey Matthew HarrisConsovoy McCarthy PLLC, Amicus
Jeffrey Matthew HarrisConsovoy McCarthy PLLC, Amicus
Health Care Provider Organizations and Patient Groups
Kenneth Young ChoeHogan Lovells US, LLP, Amicus
Kenneth Young ChoeHogan Lovells US, LLP, Amicus
Leukemia & Lymphoma Society
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus
David C. FrederickKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus
Nebraska Appleseed
Jaclyn Niccole WarrStinson LLP, Amicus
Jaclyn Niccole WarrStinson LLP, Amicus
New Hampshire Department of Health and Human Services
Laura E. B. LombardiNew Hampshire Department of Justice, Respondent
Laura E. B. LombardiNew Hampshire Department of Justice, Respondent
Public Health, Healthy Policy and Medicine Deans, Chairs and Scholars
Edward Todd WatersFeldesman Tucker Leifer Fidell LLP, Amicus
Edward Todd WatersFeldesman Tucker Leifer Fidell LLP, Amicus
State of Arkansas
Nicholas Jacob BronniSolicitor General of Arkansas, Petitioner
Nicholas Jacob BronniSolicitor General of Arkansas, Petitioner
State of Nebraska
James A. CampbellNebraska Attorney General's Office, Amicus
James A. CampbellNebraska Attorney General's Office, Amicus
States of Indiana, et al.,
Thomas M. Fisher — Amicus
Thomas M. Fisher — Amicus
Texas Medical-Legal Partnerships
Erin Glenn BusbyUniversity of Texas School of Law Supreme Court Clinic, Amicus
Erin Glenn BusbyUniversity of Texas School of Law Supreme Court Clinic, Amicus
The National Women's Law Center, et al.
Judith Riccardi NemsickHolland & Knight LLP, Amicus
Judith Riccardi NemsickHolland & Knight LLP, Amicus
Xavier Becerra, Secretary of Health and Human Services, et al.
Elizabeth B. PrelogarSolicitor General, Petitioner
Elizabeth B. PrelogarSolicitor General, Petitioner