| 24-5925 |
Francis Yomi v. Xavier Becerra, Secretary of Health and Human Services |
Tenth Circuit |
2024-11-06 |
Denied |
discovery-dispute judicial-misconduct motion-to-stay procedural-rules protective-order sanctions-motion |
Whether the District and Circuit Courts erred in dismissing the plaintiff's case and denying multiple motions for procedural and medical reasons |
| 24-475 |
Braidwood Management, Inc., et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
Fifth Circuit |
2024-10-30 |
Denied |
administrative-law agency-discretion health-insurance non-delegation-doctrine preventive-services statutory-interpretation |
Does 42 U.S.C. § 300gg-13(a)(1)–(4) violate the non-delegation doctrine by empowering agencies to unilaterally decree preventive care coverage without… |
| 24-240 |
W. J., By His Parents and Legal Guardians, R. J. and A. J. v. Xavier Becerra, Secretary of Health and Human Services |
Federal Circuit |
2024-09-03 |
Denied |
federal-claims-court jurisdictional-statute legal-disability statute-of-limitations tolling-provision vaccine-injury-compensation |
Whether the three-year tolling provision of 28 U.S.C. § 2501 applies to legally disabled petitioners who bring claims before the United States Court o… |
| 23-1326 |
Row 1 Inc., dba Regenative Labs v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2024-06-20 |
Denied |
administrative-appeals administrative-law cms-policies cms-policy federal-question-jurisdiction judicial-review medical-products-manufacturer medicare-act-42-usc-1395ii medicare-administrative-appeals notice-and-comment statutory-interpretation |
Whether 42 U.S.C. 405(h) prohibits a medical products manufacturer from filing a judicial action seeking relief from CMS policies without notice and c… |
| 23-1265 |
Catherine Antunes v. Xavier Becerra, Secretary of Health and Human Services, et al., |
Fourth Circuit |
2024-06-04 |
Denied |
bodily-integrity constitutional-rights due-process economic-coercion emergency-authorization employer-coercion equal-protection jacobson-v-massachusetts prep-act vaccine vaccine-mandate |
Does the Constitutional right to bodily integrity encompass the right to decline a vaccine? |
| 23A998 |
Row 1 Inc., dba Regenative Labs v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2024-05-08 |
Presumed Complete |
administrative-procedure cms-rulemaking medical-products medicare-appeals notice-and-comment subject-matter-jurisdiction |
Whether a medical products manufacturer without direct access to Medicare appeals can challenge agency rulemaking that effectively denies reimbursemen… |
| 23-1076 |
Xavier Becerra, Secretary of Health and Human Services, et al. v. Texas, et al. |
Fifth Circuit |
2024-04-03 |
Denied |
emergency-medical-treatment federal-preemption health-care healthcare-law labor-act medical-emergency patient-stabilization preemption reproductive-rights state-law |
Whether the Emergency Medical Treatment and Labor Act preempts state law in the narrow circumstance where terminating a pregnancy is required to stabi… |
| 23-1000 |
Therese M. Waters, on Behalf of Kelly E. Waters v. Xavier Becerra, Secretary of Health and Human Services |
Sixth Circuit |
2024-03-12 |
Denied |
administrative-deference benefit-coverage disability-discrimination enteral-nutrition medical-necessity medicare-act medicare-coverage organ-dysfunction prosthetic-devices secretary statutory-authority statutory-interpretation |
Is the Secretary statutorily authorized to deny benefit coverage for an entire group of benefits (here, enteral nutrition) which the Medicare Act reco… |
| 23-6617 |
Michael J. Harvey v. Xavier Becerra, Secretary of Health and Human Services |
Eighth Circuit |
2024-01-30 |
Denied |
amendment-standards civil-procedure civil-rights constitutional-claims constitutional-rights de-novo-review due-process free-speech judicial-review medical-assistance standing |
Did the DC apply de novo review to A.'s Complaint? |
| 23A606 |
Therese M. Waters, on Behalf of Kelly E. Waters v. Xavier Becerra, Secretary of Health and Human Services, et al. |
Sixth Circuit |
2024-01-02 |
Presumed Complete |
administrative-deference medical-food medicare-coverage metabolic-disorder prosthetic-device statutory-interpretation |
Whether the Medicare Act requires coverage of medically necessary enteral formula as a prosthetic device for patients with rare metabolic disorders wh… |
| 23-6222 |
Charles F. Johnson, Jr. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
Fourth Circuit |
2023-12-11 |
Denied |
civil-procedure civil-rights due-process patent standing takings |
Whether the lower court erred in its interpretation of the relevant statutory and constitutional provisions |
| 23A506 |
Michael J. Harvey v. Xavier Becerra, Secretary of Health and Human Services |
Eighth Circuit |
2023-12-05 |
Presumed Complete |
extension-request filing-deadline legal-obstacles pro-se supreme-court technological-barriers |
Whether a pro se litigant's technological challenges, personal circumstances, and time constraints constitute sufficient grounds for an extraordinary … |
| 23A407 |
Advocate Christ Medical Center, et al. v. Xavier Becerra, Secretary of Health and Human Services |
District of Columbia |
2023-11-06 |
Presumed Complete |
certiorari counsel-availability federal-courts procedural-rules supreme-court time-extension |
Whether federal courts may grant extensions of time to file petitions for certiorari beyond the standard 90-day period when counsel faces scheduling c… |
| 23-253 |
Xavier Becerra, Secretary of Health and Human Services, et al. v. Northern Arapaho Tribe |
Tenth Circuit |
2023-09-15 |
Judgment Issued |
contract-support-costs federal-funding health-care-services indian-self-determination-act indian-self-determination-and-education-assistance statutory-interpretation third-party-payors tribal-sovereignty |
Whether IHS must pay 'contract support costs' not only to support IHS-funded activities, but also to support the tribe's expenditure of income collect… |
| 23-250 |
Xavier Becerra, Secretary of Health and Human Services, et al. v. San Carlos Apache Tribe |
Ninth Circuit |
2023-09-15 |
Judgment Issued |
contract-support-costs federal-funding federal-health-care indian-health-service indian-self-determination-act indian-self-determination-and-education-assistance statutory-interpretation third-party-payors tribal-contracts tribal-sovereignty |
Whether IHS must pay 'contract support costs' not only to support IHS-funded activities, but also to support the tribe's expenditure of income collect… |
| 23A156 |
Xavier Becerra, Secretary of Health and Human Services, et al. v. Northern Arapaho Tribe |
Tenth Circuit |
2023-08-21 |
Presumed Complete |
contract-support-costs Indian-Health-Service Indian-Self-Determination-Act indirect-costs overhead-expenses third-party-payments |
Whether the Indian Self-Determination and Education Assistance Act requires the Indian Health Service to pay contract support costs for indirect overh… |
| 23A103 |
Xavier Becerra, Secretary of Health and Human Services, et al. v. San Carlos Apache Tribe |
Ninth Circuit |
2023-08-04 |
Presumed Complete |
contract-support-costs indian-self-determination-act indirect-costs secretarial-amount third-party-revenue tribal-sovereignty |
Whether the Indian Self-Determination and Education Assistance Act requires the Indian Health Service to pay contract support costs for tribal healthc… |
| 22-7143 |
Xunxian Liu v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2023-03-29 |
Denied |
administrative-law agency-action agency-policy civil-rights due-process employment-rights federal-employment notice performance-improvement performance-improvement-plan procedural-rights |
Whether the DHHS violated Petitioner's civil-rights, due-process, and employment-rights by issuing a performance-improvement-plan and removing Petitio… |
| 21A601 |
Xavier Becerra, Secretary of Health and Human Services v. Lee Barrows, et al. |
Second Circuit |
2022-04-12 |
Presumed Complete |
None |
|
| 21-1140 |
UnitedHealthcare Insurance Company, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2022-02-16 |
Denied |
actuarial-equivalence administrative-law cms cms-rule healthcare-insurance medicare medicare-advantage overpayment-rule same-methodology statutory-interpretation |
Whether the Overpayment Rule violates the statutes' actuarial-equivalence and same-methodology mandates |
| 21-1054 |
Shaoming Song v. Xavier Becerra, Secretary of Health and Human Services, et al. |
Fourth Circuit |
2022-01-28 |
Denied |
18-U.S.C.-1001 29-U.S.C.-633(a) age-discrimination but-for-causation civil-procedure discovery-rule federal-government fraud plausibility-pleading stare-decisis statute-of-limitations |
Whether a six-year concealed fraud in a federal agency's personnel action can be protected from judicial procedures |
| 21A335 |
UnitedHealthcare Insurance Company, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2022-01-18 |
Presumed Complete |
None |
|
| 21A241 |
Xavier Becerra, Secretary of Health and Human Services, et al. v. Louisiana, et al. |
Fifth Circuit |
2021-12-16 |
Presumed Complete |
administrative-law covid-19-pandemic healthcare-facilities medicare-and-medicaid statutory-authority vaccination-requirement |
Whether the Secretary of Health and Human Services has statutory authority under the Medicare and Medicaid statutes to require healthcare facilities p… |
| 21-584 |
Agendia, Inc. v. Xavier Becerra, Secretary of Health and Human Services |
Ninth Circuit |
2021-10-21 |
Denied |
administrative-law administrative-procedure delegation-of-authority local-coverage-determination medicare-act medicare-administrative-contractor medicare-coverage-policy medicare-policy rulemaking-requirements statutory-interpretation |
Whether the rulemaking requirements of 42 U.S.C. § 1395hh(a)(2) apply to a Medicare policy deeming all molecular diagnostic laboratory tests 'investig… |
| 21-528 |
Willie H. Goffney, Jr., et al. v. Xavier Becerra, Secretary of Health and Human Services |
Ninth Circuit |
2021-10-08 |
Denied |
administrative-law agency-interpretation civil-procedure due-process judicial-review medicare medicare-claims regulatory-deference regulatory-interpretation statutory-construction statutory-interpretation |
Whether the regulatory deference test set forth in Auer v. Robbins and Kisor v. Wilkie should be retired or revised to allow courts to interpret admin… |
| 21A5 |
Florida v. Xavier Becerra, Secretary of Health and Human Services, et al. |
Eleventh Circuit |
2021-07-23 |
Presumed Complete |
None |
|
| 20-1486 |
Empire Health Foundation, for Valley Hospital Medical Center v. Xavier Becerra, Secretary of Health and Human Services |
Ninth Circuit |
2021-04-22 |
Denied |
administrative-law agency-rulemaking disproportionate-share-hospital disproportionate-share-hospital-payments due-process logical-outgrowth medicare medicare-payments notice-and-comment |
Whether agencies must accurately include key facts and data in notices of proposed rulemaking to satisfy fair-notice, public-comment |
| 20-1468 |
Robert David Dupuch-Carron, et ux. v. Xavier Becerra, Secretary of Health and Human Services |
Federal Circuit |
2021-04-20 |
Denied |
compensation compensation-eligibility foreign-vaccination residency-requirement statutory-construction statutory-interpretation vaccine-act vaccine-injury |
Does the ordinary meaning of the words of section 11(c)(1)(B) of the National Childhood Vaccine Injury Act require that a person who received a covere… |
| 20-1312 |
Xavier Becerra, Secretary of Health and Human Services v. Empire Health Foundation, for Valley Hospital Medical Center |
Ninth Circuit |
2021-03-19 |
Judgment Issued |
health-and-human-services hospital-adjustment low-income-patients medicaid-fraction medicare-fraction medicare-statute statutory-interpretation supplemental-security-income |
Whether the Secretary has permissibly included in a hospital's Medicare fraction all of the hospital's patient days of individuals who satisfy the req… |
| 20-1114 |
American Hospital Association, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
District of Columbia |
2021-02-12 |
Judgment Issued |
administrative-law chevron-deference healthcare-regulation hospital-acquisition-cost medicare medicare-reimbursement reimbursement-rates statutory-interpretation survey-data |
Whether Chevron deference permits HHS to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collect… |
| 20-1113 |
American Hospital Association, et al. v. Xavier Becerra, Secretary of Health and Human Services |
District of Columbia |
2021-02-12 |
Denied |
administrative-law administrative-procedure agency-action agency-deference chevron-deference civil-procedure judicial-jurisdiction jurisdiction statutory-construction statutory-interpretation |
Whether Chevron deference applies to a statutory interpretation question that determines both the lawfulness of agency action and the court's jurisdic… |
| 20-6834 |
Cynthia Holmes v. Xavier Becerra, Secretary of Health and Human Services |
Fourth Circuit |
2021-01-11 |
Denied |
civil-rights constitutional-rights due-process health-privacy healthcare-compliance HIPAA hipaa-privacy medical-privacy patient-rights physician-liability state-law state-law-preemption |
Whether HIPAA's Privacy Rule is unconstitutional as applied by respondents |
| 20-539 |
Oregon, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
Ninth Circuit |
2020-10-23 |
Granted |
administrative-procedure-act affordable-care-act healthcare-access medical-ethics patient-provider-communication reproductive-healthcare title-x |
Does the Final Rule violate appropriations statutes and the Affordable Care Act? |
| 20-454 |
Xavier Becerra, Secretary of Health and Human Services, et al. v. Mayor and City Council of Baltimore |
Fourth Circuit |
2020-10-08 |
Granted |
abortion abortion-referrals administrative-law agency-rulemaking family-planning rust-v-sullivan statutory-interpretation title-x |
Whether the rule falls within the agency's statutory authority |
| 20-429 |
American Medical Association, et al. v. Xavier Becerra, Secretary of Health and Human Services, et al. |
Ninth Circuit |
2020-10-05 |
Granted |
administrative-law affordable-care-act arbitrary-and-capricious family-planning free-speech hhs-rule medical-ethics patient-communication reproductive-health title-x |
Whether the Title X family planning program rule is arbitrary and capricious, violates the Title X appropriations act, and violates the Affordable Car… |
| 20-37 |
Xavier Becerra, Secretary of Health and Human Services, et al. v. Charles Gresham, et al. |
District of Columbia |
2020-07-16 |
Judgment Issued |
administrative-law agency-discretion civil-rights demonstration-projects health-care-coverage medicaid medicaid-demonstration-projects statutory-interpretation work-requirements |
Whether the Secretary may authorize demonstration projects to test requirements designed to promote the provision of health-care coverage by facilitat… |