American Hospital Association v. Becerra, 596 U.S. ___ (2022)
The formula that the Department of Health and Human Services must employ annually to set reimbursement rates for certain outpatient prescription drugs provided by hospitals to Medicare patients, 42 U.S.C. 1395l(t)(14)(A)(iii), provides two options. If HHS has conducted a survey of hospitals’ acquisition costs for each covered outpatient drug, it may set reimbursement rates based on the hospitals’ “average acquisition cost” for each drug, and may “vary” the reimbursement rates “by hospital group.” Absent a survey, HHS must set reimbursement rates based on “the average price” charged by manufacturers for the drug as calculated and adjusted by the Secretary. For 2018 and 2019, HHS did not conduct a survey but issued a final rule establishing separate reimbursement rates for hospitals that serve low-income or rural populations through the “340B program” and all other hospitals. The district court concluded that HHS had acted outside its statutory authority. The D.C. Circuit reversed.
A unanimous Supreme Court reversed. The statute does not preclude judicial review of HHS’s reimbursement rates. Absent a survey of hospitals’ acquisition costs, HHS may not vary the reimbursement rates only for 340B hospitals; HHS’s 2018 and 2019 reimbursement rates for 340B hospitals were therefore unlawful. HHS’s power to increase or decrease the price is distinct from its power to set different rates for different groups of hospitals and HHS’s interpretation would make little sense given the statute’s overall structure. Congress, when enacting the statute, was aware that 340B hospitals paid less for covered prescription drugs and may have intended to offset the considerable costs of providing healthcare to the uninsured and underinsured in low-income and rural communities.
The Medicare statute does not preclude judicial review of HHS’s reimbursement rates. Absent a survey of hospitals’ acquisition costs, HHS may not vary the reimbursement rates only for 340B hospitals.
SUPREME COURT OF THE UNITED STATES
Syllabus
AMERICAN HOSPITAL ASSOCIATION et al. v. BECERRA, SECRETARY OF HEALTH AND HUMAN SERVICES, et al.
certiorari to the united states court of appeals for the district of columbia circuit
No. 20–1114. Argued November 30, 2021—Decided June 15, 2022
The Medicare statute lays out a formula that the Department of Health and Human Services must employ annually to set reimbursement rates for certain outpatient prescription drugs provided by hospitals to Medicare patients. 42 U. S. C. §1395l(t)(14)(A)(iii). That formula affords HHS two options. Option 1 applies if HHS has conducted a survey of hospitals’ acquisition costs for each covered outpatient drug. Under this option, the agency may set reimbursement rates based on the hospitals’ “average acquisition cost” for each drug, and may “vary” the reimbursement rates “by hospital group.” §1395l(t)(14)(A)(iii)(I). Absent a survey, option 2 applies, and HHS must set reimbursement rates based on “the average price” charged by manufacturers for the drug as “calculated and adjusted by the Secretary.” §1395l(t)(14)(A)(iii)(II). Option 2 does not authorize HHS to vary reimbursement rates for different hospital groups. From the time these provisions took effect in 2006 until 2018, HHS did not conduct surveys of hospitals’ acquisition costs, relied on option 2, set the reimbursement rates at about 106 percent, and did not vary those rates by hospital group. For 2018, HHS again did not conduct a survey. But this time it issued a final rule establishing separate reimbursement rates for hospitals that serve low-income or rural populations through the 340B program and all other hospitals. For 2019, HHS set reimbursement rates the same way.
The American Hospital Association and other interested parties challenged the 2018 and 2019 reimbursement rates in federal court. In response, HHS first contended that various statutory provisions precluded judicial review of those rates. The agency also argued that it could vary the reimbursement rates by hospital group under its option 2 authority to “adjust” the price-based reimbursement rates. The District Court rejected HHS’s argument that the statute precluded judicial review, concluded that HHS had acted outside its statutory authority, and remanded the case to HHS to consider an appropriate remedy. The D. C. Circuit, however, reversed. The court ruled that the statute did not preclude judicial review, and upheld HHS’s reduced reimbursement rates for 340B hospitals.
Held:
1. The statute does not preclude judicial review of HHS’s reimbursement rates. Judicial review of final agency action is traditionally available unless “a statute’s language or structure” precludes it, Mach Mining, LLC v. EEOC, 575 U.S. 480, 486, and this Court has long recognized a “strong presumption” in its favor, Weyerhaeuser Co. v. United States Fish and Wildlife Serv., 586 U. S. ___, ___. Here, no provision in the Medicare statute precludes judicial review of the 2018 and 2019 reimbursement rates. HHS cites two nearby provisions that preclude review of the general payment methodology that HHS employs to set rates for other Medicare outpatient services. See §§1395l(t)(12)(A), (C). But HHS sets rates for outpatient prescription drugs using a different payment methodology. HHS also argues that other statutory requirements would make allowing judicial review of the 2018 and 2019 reimbursement rates impractical. Regardless, such arguments cannot override the text of the statute and the traditional presumption in favor of judicial review of administrative action. Pp. 7–9.
2. Absent a survey of hospitals’ acquisition costs, HHS may not vary the reimbursement rates only for 340B hospitals; HHS’s 2018 and 2019 reimbursement rates for 340B hospitals were therefore unlawful. The text and structure of the statute make this a straightforward case. Because HHS did not conduct a survey of hospitals’ acquisition costs, HHS acted unlawfully by reducing the reimbursement rates for 340B hospitals. HHS maintains that even when it does not conduct a survey, the agency still may “adjus[t]” the average price “as necessary.” §1395l(t)(14)(A)(iii)(II). But HHS’s power to increase or decrease the price is distinct from its power to set different rates for different groups of hospitals. Moreover, HHS’s interpretation would make little sense given the statute’s overall structure. Under HHS’s interpretation, the agency would never need to conduct a survey of acquisition costs if it could proceed under option 2 and then do everything under option 2 that it could do under option 1. That not only would render irrelevant the survey prerequisite for varying reimbursement rates by hospital group, but also would render largely irrelevant the provision of the statute that precisely details the requirements for surveys of hospitals’ acquisition costs. See §1395l(t)(14)(D). Finally, HHS’s argument that Congress could not have intended for the agency to “overpay” 340B hospitals for prescription drugs ignores the fact that Congress, when enacting the statute, was well aware that 340B hospitals paid less for covered prescription drugs. It may be that the reimbursement payments were intended to offset the considerable costs of providing healthcare to the uninsured and underinsured in low-income and rural communities. Regardless, this Court is not the forum to resolve that policy debate. Pp. 9–14.
967 F.3d 818, reversed and remanded.
Kavanaugh, J., delivered the opinion for a unanimous Court.
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. |
Argued. For petitioners: Donald B. Verrilli, Jr., Washington, D. C. For respondents: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
Reply of American Hospital Association, et al. submitted. |
Reply of petitioners American Hospital Association, et al. filed. (Distributed) |
CIRCULATED |
Amicus brief of Federation of American Hospitals submitted. |
Amicus brief of Rural Hospital Coalition submitted. |
Brief amicus curiae of Federation of American Hospitals filed. (Distributed) |
Brief amicus curiae of Rural Hospital Coalition filed. (Distributed) |
Brief of respondents Xavier Becerra, Sec. of H&HS, et al. filed. |
Brief of Xavier Becerra, Sec. of H&HS submitted. |
The record received from the U.S.C.A. DC Circuit is electronic and located on Pacer, also received are transcripts that has been electronically filed. |
Record requested from the U.S.C.A. D.C. Circuit. |
SET FOR ARGUMENT on Tuesday, November 30, 2021. |
Brief amicus curiae of Americans for Prosperity Foundation in support of neither party filed. |
Amicus brief of New Civil Liberties Alliance submitted. |
Amicus brief of Chamber of Commerce of the United States of America submitted. |
Amicus brief of Yale New Haven Health System, BJC Health Care, Cedars-Sinai Medical Center, Geisinger, UPMC, and Vanderbilt University Medical Center submitted. |
Amicus brief of States of Indiana, Georgia, Louisiana, Mississippi, Nebraska, Oklahoma, Texas, and Utah submitted. |
Amicus brief of Americans for Prosperity Foundation submitted. |
Amicus brief of National Association of Home Builders et al. submitted. |
Amicus brief of National Right to Work Legal Defense Foundation, Inc. submitted. |
Amicus brief of States of Indiana, Georgia, Louisiana, Mississippi, Nebraska, Oklahoma, Texas, and Utah submitted. |
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed. |
Brief amicus curiae of New Civil Liberties Alliance filed. |
Brief amici curiae of National Association of Home Builders, et al. filed. |
Brief amici curiae of States of Indiana, et al. filed. |
Brief amici curiae of Yale New Haven Health System, et al. filed. |
Brief amici curiae of National Association of Home Builders et al. filed. |
Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. |
Brief amici curiae of 37 State and Regional Hospital Associations filed. |
Amicus brief of 36 State and Regional Hospital Associations submitted. |
Amicus brief of Pacific Legal Foundation submitted. |
Brief amicus curiae of Pacific Legal Foundation filed. |
Joint Appendix submitted. |
Brief of American Hospital Association, et al. submitted. |
Brief of petitioners American Hospital Association, et al. filed. |
Joint appendix filed. (Statement of costs filed) |
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. The time to file respondents' brief on the merits is extended to and including October 20, 2021. |
Motion of American Hospital Association, et al. for an extension of time submitted. |
Motion for an extension of time to file the briefs on the merits filed. |
Consent to the filing of amicus briefs received from counsel for American Hospital Association, et al. submitted. |
Blanket Consent filed by Petitioner, American Hospital Association, et al. |
Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners’ suit challenging HHS’s adjustments is precluded by 42 U. S. C. §1395l(t)(12). |
DISTRIBUTED for Conference of 7/1/2021. |
DISTRIBUTED for Conference of 6/24/2021. |
DISTRIBUTED for Conference of 6/17/2021. |
Reply of petitioners American Hospital Association, et al. filed. (Distributed) |
Brief of respondent Xavier Becerra, Sec. of H&HS in opposition filed. |
Brief amicus curiae of Rural Hospital Coalition in support of respondent filed. |
Motion to extend the time to file a response is granted and the time is further extended to and including May 13, 2021. |
Motion to extend the time to file a response from April 14, 2021 to May 13, 2021, submitted to The Clerk. |
Brief amicus curiae of Federation of American Hospitals filed. |
Brief amici curiae of Yale New Haven Health System, BJC Health Care, UPMC and Vanderbilt University Medical Center filed. |
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2021. |
Motion to extend the time to file a response from March 15, 2021 to April 14, 2021, submitted to The Clerk. |
Brief amici curiae of 36 State and Regional Hospital Associations filed. |
Petition for a writ of certiorari filed. (Response due March 15, 2021) |