In its 2022 decision in Becerra v. Empire Health Foundation, for Valley Hospital Medical Center, the U.S. Supreme Court held that the phrase “entitled to [Medicare Part A] benefits” applied to “all those qualifying for the program, regardless of whether they are receiving Medicare payments for part or all of a hospital stay.” 597 U. S. 424, 445 (2022) (quoting §1395ww(d)(5)(F)(vi)(I); alteration in original).
In doing so, the Court left open the question of what it means to be “entitled to supplementary security income [SSI] benefits . . . under subchapter XVI.” §1395ww(d)(5)(F)(vi)(I).
Today, in Advocate Christ Medical Center v. Kennedy, the Court, in a 7–2 decision (with Justice Barrett writing for the majority and Justice Jackson, joined by Justice Sotomayor, dissenting), held “that a person is entitled to such benefits when she is eligible to receive a cash payment during the month of her hospitalization.” Today’s decision continues the unbroken string of losses that the petitioner hospitals have suffered in this litigation at both the administrative and judicial levels.
Blog Editors
Recent Updates
- Can Silence Stop the Clock? How Secrecy May Allow Plaintiffs to Toll the Sherman Act’s Four-Year Statute of Limitations
- Discovery Pitfalls in the Age of AI
- Is the Deal Done? Litigation After Mergers and Acquisitions – Speaking of Litigation Video Podcast
- Eleventh Circuit Clarifies: Discovery Materials Can Be Used to Meet Rule 9(b)
- Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond