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Michigan Department of Community Health v. Sebelius

Petition for certiorari denied on March 18, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-589 6th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether the Centers for Medicare and Medicaid Services correctly calculated psychiatric-hospital reimbursement payments in fiscal years 2003 through 2008 based on a permissible interpretation of 42 U.S.C. § 1395ww(b)(3)(A)(ii) and the agency’s implementing regulation; and (2) whether the Court should revisit the rule articulated in Auer v. Robbins, of deferring to an agency’s interpretation of its own regulations.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 7 2012Petition for a writ of certiorari filed. (Response due December 10, 2012)
Nov 20 2012Order extending time to file response to petition to and including January 9, 2013.
Dec 10 2012Motion for leave to file amicus brief filed by Michigan Health & Hospital Association.
Jan 7 2013Order further extending time to file response to petition to and including February 8, 2013.
Feb 8 2013Brief of respondents Kathleen Sebelius, Secretary of Health and Human Services, et al. in opposition filed.
Feb 20 2013DISTRIBUTED for Conference of March 15, 2013.
Mar 18 2013Motion for leave to file amicus brief filed by Michigan Health & Hospital Association GRANTED.
Mar 18 2013Petition DENIED.