CENTRAL CALIFORNIA FOUNDATION FOR HEALTH et al v. BECERRA
| WASHINGTON TOWNSHIP HOSPITAL DISTRICT doing business as WASHINGTON HOSPITAL, COUNTY OF KERN doing business as KERN MEDICAL CENTER, DIGNITY HEALTH doing business as ST. MARY'S MEDICAL CENTER, WILCOX MEMORIAL HOSPITAL, DIGNITY HEALTH doing business as ST. JOHNS REGIONAL HEALTH CENTER, DIGNITY HEALTH doing business as GLENDALE MEMORIAL HOSPITAL AND HEALTH CENTER, DIGNITY HEALTH doing business as MERCY HOSPITAL OF FOLSOM, DIGNITY HEALTH doing business as NORTHRIDGE HOSPITAL MEDICAL CENTER, COUNTY OF SAN JOAQUIN doing business as SAN JOAQUIN GENERAL HOSPITAL, DOCTORS MEDICAL CENTER - SAN PABLO, JOHN MUIR MEDICAL CENTER - CONCORD, ST. JOSEPH HOSPITAL EUREKA, DIGNITY HEALTH doing business as MERCY SAN JUAN MEDICAL CENTER, COUNTY OF MONTEREY doing business as NATIVIDAD MEDICAL CENTER, MISSION HOSPITAL REGIONAL MEDICAL CENTER, DIGNITY HEALTH doing business as FRENCH HOSPITAL MEDICAL CENTER, DIGNITY HEALTH doing business as MERCY MEDICAL CENTER REDDING, DIGNITY HEALTH doing business as ST. ROSE DOMINICAN HOSPITAL, SAN MARTIN CAMPUS, DIGNITY HEALTH doing business as CHANDLER REGIONAL MEDICAL CENTER, ESSENTIA HEALTH SAINT MARY'S MEDICAL CENTER, NORTHBAY MEDICAL CENTER, DIGNITY HEALTH doing business as MERCY GENERAL HOSPITAL, SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM doing business as SALINAS VALLEY MEMORIAL HOSPITAL, DIGNITY HEALTH doing business as DOMINICAN HOSPITAL, DIGNITY HEALTH doing business as ST. JOSEPH'S HOSPITAL AND MEDICAL CENTER, EL CAMINO HOSPITAL, DIGNITY HEALTH doing business as MERCY HOSPITAL, ENLOE MEDICAL CENTER, DIGNITY HEALTH doing business as ST. ROSE DOMINICAN HOSPITAL, ROSE DE LIMA CAMPUS, DIGNITY HEALTH doing business as ARROYO GRANDE COMMUNITY HOSPITAL, SANTA ROSA MEMORIAL HOSPITAL, PASADENA HOSPITAL ASSOCIATION, LTD. doing business as HUNTINGTON MEMORIAL HOSPITAL, STANFORD HEALTH CARE - VALLEYCARE, NORTHBAY VACAVALLEY HOSPITAL, INNOVIS HEALTH, LLC doing business as ESSENTIA HEALTH FARGO, DIGNITY HEALTH doing business as BAKERSFIELD MEMORIAL HOSPITAL, DIGNITY HEALTH doing business as CALIFORNIA HOSPITAL MEDICAL CENTER - LOS ANGELES, PALOMAR HEALTH doing business as POMERADO HOSPITAL, UNIVERSITY OF CALIFORNIA doing business as UNIVERSITY OF CALIFORNIA SAN FRANCISCO MEDICAL CENTER, PRIME HEALTHCARE SERVICES RENO LLC doing business as SAINT MARY'S REGIONAL MEDICAL CENTER, CONTRA COSTA HEALTH SERVICES doing business as CONTRA COSTA REGIONAL MEDICAL CENTER, DIGNITY HEALTH doing business as MERCY GILBERT MEDICAL CENTER, DIGNITY HEALTH doing business as ST. ROSE DOMINICAN HOSPITAL, SIENA CAMPUS, ST. JOSEPH HOSPITAL OF ORANGE, COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA, DIGNITY HEALTH doing business as ST. MARY MEDICAL CENTER, DIGNITY HEALTH doing business as SAINT FRANCIS MEMORIAL HOSPITAL, STANFORD HOSPITAL & CLINICS doing business as STANFORD HEALTH CLINIC, ST. MARY MEDICAL CENTER, PALOMAR MEDICAL CENTER doing business as PALOMAR HEALTH DOWNTOWN CAMPUS, ZUCKERBERG SAN FRANSISCO GENERAL HOSPITAL & TRUAMA CENTER - ACUTE formerly doing business as SAN FRANCISCO GENERAL HOSPITAL, DIGNITY HEALTH doing business as ST. JOSEPH'S MEDICAL CENTER OF STOCKTON, DIGNITY HEALTH doing business as ST. BERNARDINE MEDICAL CENTER, DIGNITY HEALTH doing business as MERCY MEDICAL CENTER, PETALUMA VALLEY HOSPITAL, COUNTY OF SANTA CLARA doing business as SANTA CLARA VALLEY MEDICAL CENTER, DIGNITY HEALTH doing business as MARIAN REGIONAL MEDICAL CENTER, DIGNITY HEALTH doing business as COMMUNITY HOSPITAL OF SAN BERNARDINO, DIGNITY HEALTH doing business as SIERRA NEVADA MEMORIAL HOSPITAL, DIGNITY HEALTH doing business as METHODIST HOSPITAL OF SACRAMENTO, CENTRAL CALIFORNIA FOUNDATION FOR HEALTH doing business as DELANO REGIONAL MEDICAL CENTER, QUEEN OF THE VALLEY MEDICAL CENTER, MARSHALL MEDICAL CENTER, PASADENA HOSPITAL ASSOCIATION, LTD doing business as HUNTINGTON MEMORIAL HOSPITAL and ALL PLAINTIFFS |
| ALEX M. AZAR, II, XAVIER BECERRA and NORRIS COCHRAN |
| 1:2020cv03485 |
| November 30, 2020 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Colleen Kollar-Kotelly |
| Contract: Recovery Medicare |
| 42 U.S.C. § 1395 HHS: Adverse Reimbursement Review |
| None |
Docket Report
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Filing 19
ORDER entered pursuant to the parties' joint status report 182 , voluntarily remanding, in whole or in part, the cases as set forth herein and vacating challenged decisions by the Provider Reimbursement Review Board dismissing claims under the 2008 self-disallowance regulation, 42 C.F.R. 405.1835(a)(1)(ii) (2008). The parties shall file a joint status report within 30 days of the publication in the Federal Register of the agency's final Part C days rule, addressing the status of ancillary jurisdictional claims of the sort that were carved out of the scope of this Court's order 74 granting voluntary remand on January 19, 2021. See Order for details. Signed by Judge Amy Berman Jackson on 12/6/21. (DMK)
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Filing 18
ORDER remanding certain counts in the cases listed herein pursuant to the January 19, 2021 Order 74 and the parties' Joint Notice 121 . The claims in these cases that are not remanded shall remain STAYED. See Order for details. Signed by Judge Amy Berman Jackson on 8/4/21. (DMK)
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| Cases Consolidated. Case 20cv3453, 20cv3485, 20cv3760, 20cv3765 & 21cv004 have been consolidated with 19mc190 pursuant to Minute Order filed 07/01/2021. ALL PLEADINGS MUST BE FILED IN LEAD CASE NO. 19mc190 (zjf) |
| Case directly reassigned to Judge Amy Berman Jackson pursuant to the July 1, 2021 order in 19-mc-190. Judge Colleen Kollar-Kotelly is no longer assigned to the case. (ztnr) |
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Filing 17
ORDER. Upon review of the parties' joint status reports 107 113 submitted by the parties in 19-mc-190 (ABJ), the arguments therein, and the record as a whole, the Court has reconsidered its February 14, 2021 Minute Order and finds that it is appropriate to consolidate all claims at issue into this matter. The Clerk of Court is directed to docket a copy of this order in the cases as set forth in the order (see the order for the list of cases) and to transfer the cases and consolidate them into this matter. The ancillary jurisdictional claims are STAYED until September 15, 2021, and the parties shall file a joint status report by that date regarding those claims. The CMS Ruling 1739-R and pre-2004 claims are also STAYED, and the parties shall file simultaneous submissions by July 15, 2021 concerning whether remand of these claims is appropriate. See order for further details and instructions. Signed by Judge Amy Berman Jackson on 7/1/21. (jth)
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| Filing 16 AMENDED COMPLAINT (SECOND AMENDED) against XAVIER BECERRA filed by ALL PLAINTIFFS. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Webster, Stephanie) |
| Filing 15 CONSENT TO THE FILING OF AN AMENDED COMPLAINT by ALL PLAINTIFFS. (Webster, Stephanie) |
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Filing 14
ORDER STAYING proceedings in this case and requiring the parties to file a Joint Status Report within 14 days of a decision on consolidation and/or stay in In re Allina II-Type DSH Adjustment Cases, Case No. 19-mc-190 (D.D.C.). Signed by Judge Colleen Kollar-Kotelly on 3/19/21. (lcckk3)
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| Filing 13 Joint STATUS REPORT by ALL PLAINTIFFS. (Attachments: #1 Text of Proposed Order)(Webster, Stephanie) |
| Filing 12 AMENDED COMPLAINT against NORRIS COCHRAN filed by DIGNITY HEALTH, QUEEN OF THE VALLEY MEDICAL CENTER, EL CAMINO HOSPITAL, DOCTORS MEDICAL CENTER - SAN PABLO, WASHINGTON TOWNSHIP HOSPITAL DISTRICT, NORTHBAY VACAVALLEY HOSPITAL, CENTRAL CALIFORNIA FOUNDATION FOR HEALTH, PRIME HEALTHCARE SERVICES RENO LLC, ENLOE MEDICAL CENTER, UNIVERSITY OF CALIFORNIA, INNOVIS HEALTH, LLC, ST. JOSEPH HOSPITAL OF ORANGE, PALOMAR MEDICAL CENTER, COUNTY OF SAN JOAQUIN, WILCOX MEMORIAL HOSPITAL, SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM, MARSHALL MEDICAL CENTER, ZUCKERBERG SAN FRANSISCO GENERAL HOSPITAL & TRUAMA CENTER - ACUTE, NORTHBAY MEDICAL CENTER, PETALUMA VALLEY HOSPITAL, SANTA ROSA MEMORIAL HOSPITAL, MISSION HOSPITAL REGIONAL MEDICAL CENTER, ST. MARY MEDICAL CENTER, COUNTY OF KERN, PASADENA HOSPITAL ASSOCIATION, LTD., COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA, STANFORD HEALTH CARE - VALLEYCARE, ST. JOSEPH HOSPITAL EUREKA, COUNTY OF SANTA CLARA, PALOMAR HEALTH, COUNTY OF MONTEREY, STANFORD HOSPITAL & CLINICS, CONTRA COSTA HEALTH SERVICES, ESSENTIA HEALTH SAINT MARY'S MEDICAL CENTER, JOHN MUIR MEDICAL CENTER - CONCORD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Webster, Stephanie) |
| Set/Reset Deadlines: Joint Status Report due by 3/18/2021. (dot) Modified on 3/2/2021 to correct date. (dot). |
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MINUTE ORDER. The Court is in receipt of Plaintiffs' #11 Response to the Court's February 12, 2021 Minute Order, in which the Court ordered Plaintiffs to file a response to Defendant's #9 Notice of Related Case and #10 Motion to Stay Proceedings. Plaintiffs indicate that the court in In re Allina II-Type Cases, Case No. 19-mc-190-ABJ (D.D.C.) has scheduled a Status Conference for March 11, 2021 and indicated that "case relatedness will be addressed." Plaintiffs request that this Court defer deciding whether the present case is related to that case until after that status conference has taken place. The Court hereby ORDERS that the parties shall file by no later than MARCH 18, 2021 a Joint Status Report, indicating the parties' positions on case relatedness in light of the March 11, 2021 status conference in In re Allina II-Type Cases. The Court further ORDERS that this case shall remained stayed until further order of this Court, pending the Court's resolution of Defendant's Notice of Related Case. Signed by Judge Colleen Kollar-Kotelly on 2/22/21. (lcckk3)
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| Filing 11 RESPONSE re #9 Notice of Related Case filed by CENTRAL CALIFORNIA FOUNDATION FOR HEALTH, COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA, CONTRA COSTA HEALTH SERVICES, COUNTY OF KERN, COUNTY OF MONTEREY, COUNTY OF SAN JOAQUIN, COUNTY OF SANTA CLARA, DIGNITY HEALTH, DOCTORS MEDICAL CENTER - SAN PABLO, EL CAMINO HOSPITAL, ENLOE MEDICAL CENTER, ESSENTIA HEALTH SAINT MARY'S MEDICAL CENTER, INNOVIS HEALTH, LLC, JOHN MUIR MEDICAL CENTER - CONCORD, MARSHALL MEDICAL CENTER, MISSION HOSPITAL REGIONAL MEDICAL CENTER, NORTHBAY MEDICAL CENTER, NORTHBAY VACAVALLEY HOSPITAL, PALOMAR HEALTH, PALOMAR MEDICAL CENTER, PASADENA HOSPITAL ASSOCIATION, LTD., PETALUMA VALLEY HOSPITAL, PRIME HEALTHCARE SERVICES RENO LLC, QUEEN OF THE VALLEY MEDICAL CENTER, SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM, SANTA ROSA MEMORIAL HOSPITAL, ST. JOSEPH HOSPITAL EUREKA, ST. JOSEPH HOSPITAL OF ORANGE, ST. MARY MEDICAL CENTER, STANFORD HEALTH CARE - VALLEYCARE, STANFORD HOSPITAL & CLINICS, UNIVERSITY OF CALIFORNIA, WASHINGTON TOWNSHIP HOSPITAL DISTRICT, WILCOX MEMORIAL HOSPITAL, ZUCKERBERG SAN FRANSISCO GENERAL HOSPITAL & TRUAMA CENTER - ACUTE. (Webster, Stephanie) |
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MINUTE ORDER. The Court is in receipt of Defendant's #9 Notice of Related Case and #10 Motion to Stay Proceedings and Vacate Deadline to Respond to Complaint. Defendant indicates that Plaintiffs object to Defendant's position that this case is related to In re Allina II-Type DSH Adjustment Cases, 19-mc-190-ABJ (D.D.C.) and object to a stay of this case pending resolution of the issue of whether the cases are related. The Court ORDERS Plaintiff to file a response to Defendant's #9 Notice of Related Case by no later than FEBRUARY 19, 2021. Given that Defendant's answer to Plaintiffs' complaint is currently due by February 16, 2021, the Court shall GRANT Defendants #10 Motion to Stay this case pending the Court's resolution of Defendant's Notice of Related Case. Signed by Judge Colleen Kollar-Kotelly on 2/12/21. (lcckk3)
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| Filing 10 MOTION to Stay Proceedings, MOTION to Vacate Deadline to Respond to Complaint by ALEX M. AZAR, II. (Attachments: #1 Text of Proposed Order)(Orloff, Serena) |
| Filing 9 NOTICE OF RELATED CASE by ALEX M. AZAR, II. Case related to Case No. 19-mc-190. (Orloff, Serena) |
| Filing 8 NOTICE of Appearance by Serena Maya Schulz Orloff on behalf of ALEX M. AZAR, II (Orloff, Serena) |
| Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/17/2020. Answer due for ALL FEDERAL DEFENDANTS by 2/15/2021. (Webster, Stephanie) |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/21/2020. (Webster, Stephanie) |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 12/21/2020 (Webster, Stephanie) |
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Filing 4
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/14/20. (DM)
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| Filing 3 SUMMONS (3) Issued Electronically as to ALEX M. AZAR, II, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, ) |
| Case Assigned to Judge Colleen Kollar-Kotelly. (adh, ) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTRAL CALIFORNIA FOUNDATION FOR HEALTH, COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA, CONTRA COSTA HEALTH SERVICES, COUNTY OF KERN, COUNTY OF MONTEREY, COUNTY OF SAN JOAQUIN, COUNTY OF SANTA CLARA, DIGNITY HEALTH, DOCTORS MEDICAL CENTER - SAN PABLO, EL CAMINO HOSPITAL, ENLOE MEDICAL CENTER, ESSENTIA HEALTH SAINT MARY'S MEDICAL CENTER, INNOVIS HEALTH, LLC, JOHN MUIR MEDICAL CENTER - CONCORD, MARSHALL MEDICAL CENTER, MISSION HOSPITAL REGIONAL MEDICAL CENTER, NORTHBAY MEDICAL CENTER, NORTHBAY VACAVALLEY HOSPITAL, PALOMAR HEALTH, PALOMAR MEDICAL CENTER, PASADENA HOSPITAL ASSOCIATION, LTD., PETALUMA VALLEY HOSPITAL, PRIME HEALTHCARE SERVICES RENO LLC, QUEEN OF THE VALLEY MEDICAL CENTER, SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM, SANTA ROSA MEMORIAL HOSPITAL, ST. JOSEPH HOSPITAL EUREKA, ST. JOSEPH HOSPITAL OF ORANGE, ST. MARY MEDICAL CENTER, STANFORD HEALTH CARE - VALLEYCARE, STANFORD HOSPITAL & CLINICS, UNIVERSITY OF CALIFORNIA, WASHINGTON TOWNSHIP HOSPITAL DISTRICT, WILCOX MEMORIAL HOSPITAL, ZUCKERBERG SAN FRANSISCO GENERAL HOSPITAL & TRUAMA CENTER - ACUTE (Webster, Stephanie) |
| Filing 1 COMPLAINT against ALEX M. AZAR, II ( Filing fee $ 400 receipt number ADCDC-7897053) filed by DIGNITY HEALTH, QUEEN OF THE VALLEY MEDICAL CENTER, EL CAMINO HOSPITAL, DOCTORS MEDICAL CENTER - SAN PABLO, WASHINGTON TOWNSHIP HOSPITAL DISTRICT, NORTHBAY VACAVALLEY HOSPITAL, CENTRAL CALIFORNIA FOUNDATION FOR HEALTH, PRIME HEALTHCARE SERVICES RENO LLC, ENLOE MEDICAL CENTER, UNIVERSITY OF CALIFORNIA, INNOVIS HEALTH, LLC, ST. JOSEPH HOSPITAL OF ORANGE, PALOMAR MEDICAL CENTER, COUNTY OF SAN JOAQUIN, WILCOX MEMORIAL HOSPITAL, SALINAS VALLEY MEMORIAL HEALTHCARE SYSTEM, MARSHALL MEDICAL CENTER, ZUCKERBERG SAN FRANSISCO GENERAL HOSPITAL & TRUAMA CENTER - ACUTE, NORTHBAY MEDICAL CENTER, PETALUMA VALLEY HOSPITAL, SANTA ROSA MEMORIAL HOSPITAL, MISSION HOSPITAL REGIONAL MEDICAL CENTER, ST. MARY MEDICAL CENTER, COUNTY OF KERN, PASADENA HOSPITAL ASSOCIATION, LTD., COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA, STANFORD HEALTH CARE - VALLEYCARE, ST. JOSEPH HOSPITAL EUREKA, COUNTY OF SANTA CLARA, PALOMAR HEALTH, COUNTY OF MONTEREY, STANFORD HOSPITAL & CLINICS, CONTRA COSTA HEALTH SERVICES, ESSENTIA HEALTH SAINT MARY'S MEDICAL CENTER, JOHN MUIR MEDICAL CENTER - CONCORD. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I)(Webster, Stephanie) |
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