§Why CasetextPricing

Children's Hospital Association of Texas et al v. Price et al

MOTION for Summary Judgment

80 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,240 times   622 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,189 times   47 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  3. Califano v. Yamasaki

    442 U.S. 682 (1979)   Cited 2,047 times   12 Legal Analyses
    Holding that claimants could bring social security class action "at least so long as the membership of the class is limited to those who meet the requirements of § 205(g)"

  4. Yates v. United States

    574 U.S. 528 (2015)   Cited 527 times   8 Legal Analyses
    Holding that, in light of a statute's illustrative list, "tangible object" covers "only objects one can use to record or preserve information, not all objects in the physical world"

  5. Sampson v. Murray

    415 U.S. 61 (1974)   Cited 2,080 times   1 Legal Analyses
    Holding that possibility of backpay obviates risk of irreparable harm

  6. United States v. Mendoza

    464 U.S. 154 (1984)   Cited 582 times   2 Legal Analyses
    Holding in an immigration context that the government could not be collaterally estopped from litigating a constitutional issue concerning its administration of the Nationality Act, adjudicated against it in a prior action brought by a different party

  7. Verizon Communications Inc. v. Federal Communications Commission

    535 U.S. 467 (2002)   Cited 175 times
    Holding that the FCC has authority under the Act to require state commissions to set rates based on TELRIC

  8. Regions Hospital v. Shalala

    522 U.S. 448 (1998)   Cited 157 times   2 Legal Analyses
    Holding that regulation was not impermissibly retroactive because it called for the "correct" application of existing reimbursement principles, "not the application of any new reimbursement principles"

  9. Railroad Trainmen v. B. O.R. Co.

    331 U.S. 519 (1947)   Cited 563 times   1 Legal Analyses
    Holding that if a party has an unconditional statutory right to intervene, that party's “right to intervene [under Rule 24(a)(1) ] is absolute and unconditional”

  10. Commissioner v. Tufts

    461 U.S. 300 (1983)   Cited 191 times   4 Legal Analyses
    Holding that the "apparent conflict" between two subsections of the tax code "renders the facial meaning of the statute ambiguous."

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,952 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 21,029 times   232 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,441 times   561 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  14. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,149 times   154 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  15. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,578 times   42 Legal Analyses
    Concluding paragraph, exception

  16. Section 1001 - Determination of amount of and recognition of gain or loss

    26 U.S.C. § 1001   Cited 568 times   46 Legal Analyses
    Providing rules for calculation of gain or loss on a "sale or other disposition of property"

  17. Section 1302 - Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals

    42 U.S.C. § 1302   Cited 290 times   7 Legal Analyses
    Addressing certain procedural requirements for rulemaking

  18. Section 1315 - Demonstration projects

    42 U.S.C. § 1315   Cited 157 times   12 Legal Analyses
    Permitting states, with approval from the Department of Health and Human Services, to customize their Medicaid programs in ways that would otherwise violate the Social Security Act

  19. Section 1396r-4 - Adjustment in payment for inpatient hospital services furnished by disproportionate share hospitals

    42 U.S.C. § 1396r-4   Cited 71 times   6 Legal Analyses
    Heading of provision at issue: "Amount of adjustment subject to uncompensated costs"

  20. Section 4022 - State and local land use controls

    42 U.S.C. § 4022   Cited 32 times
    Prohibiting federal flood insurance to communities that have not complied with the criteria

  21. Section 440.230 - Sufficiency of amount, duration, and scope

    42 C.F.R. § 440.230   Cited 225 times
    Providing that state Medicaid agencies "may place appropriate limits on a service based on such criteria as medical necessity"

  22. Section 447.45 - Timely claims payment

    42 C.F.R. § 447.45   Cited 48 times
    Calculating agency payment time limits from "the date the agency receives the claim"

  23. Section 447.299 - Reporting requirements

    42 C.F.R. § 447.299   Cited 19 times   9 Legal Analyses

    (a) Beginning with the first quarter of Federal fiscal year 1993, each State must submit to CMS the quarterly aggregate amount of its disproportionate share hospital payments made to each individual public and private provider or facility. States' reports must present a complete, accurate, and full disclosure of all of their DSH programs and expenditures. (b) Each State must report the aggregate information specified under paragraph (a) of this section on a quarterly basis in accordance with procedures

  24. Section 440.10 - Inpatient hospital services, other than services in an institution for mental diseases

    42 C.F.R. § 440.10   Cited 16 times
    Defining "inpatient hospital services"

  25. Section 440.20 - Outpatient hospital services and rural health clinic services

    42 C.F.R. § 440.20   Cited 13 times
    Defining "outpatient hospital services and rural health clinic services"

  26. Section 433.312 - Basic requirements for refunds

    42 C.F.R. § 433.312   Cited 13 times

    (a)Basic rules. (1) Except as provided in paragraph (b) of this section, the State Medicaid agency has 1 year from the date of discovery of an overpayment to a provider to recover or seek to recover the overpayment before the Federal share must be refunded to CMS. (2) The State Medicaid agency must refund the Federal share of overpayments at the end of the 1-year period following discovery in accordance with the requirements of this subpart, whether or not the State has recovered the overpayment

  27. Section 440.50 - Physicians' services and medical and surgical services of a dentist

    42 C.F.R. § 440.50   Cited 10 times
    Defining “physicians’ services” as services “furnished by a physician — Within the scope of practice of medicine or osteopathy as defined by State law; and By or under the personal supervision of an individual licensed under State law to practice medicine or osteopathy”

  28. Section 146.113 - Rules relating to creditable coverage

    45 C.F.R. § 146.113   Cited 4 times

    (a)General rules - (1)Creditable coverage. For purposes of this section, except as provided in paragraph (a)(2) of this section, the term creditable coverage means coverage of an individual under any of the following: (i) A group health plan as defined in § 146.145(a) . (ii) Health insurance coverage as defined in § 144.103 of this chapter (whether or not the entity offering the coverage is subject to the requirements of this part and 45 CFR part 148 and without regard to whether the coverage is

  29. Section 1320.4 - Coverage

    5 C.F.R. § 1320.4   Cited 3 times

    (a) The requirements of this part apply to all agencies as defined in § 1320.3(a) and to all collections of information conducted or sponsored by those agencies, as defined in § 1320.3(c) and (d) , wherever conducted or sponsored, but, except as provided in paragraph (b) of this section, shall not apply to collections of information: (1) During the conduct of a Federal criminal investigation or prosecution, or during the disposition of a particular criminal matter; (2) During the conduct of a civil

  30. Section 95.7 - Time limit for claiming payment for expenditures made after September 30, 1979

    45 C.F.R. § 95.7   Cited 3 times

    Under the programs listed in § 95.1 , we will pay a State for a State agency expenditure made after September 30, 1979, only if the State files a claim with us for that expenditure within 2 years after the calendar quarter in which the State agency made the expenditure. Section 95.19 lists the exceptions to this rule. 45 C.F.R. §95.7