The AHA has taken its first steps to appeal a lower court’s refusal to intervene to address the significant appeals backlog pending at the ALJ level of appeal.
On May 4, 2015, the AHA submitted its Opening Brief to the U.S. Court of Appeals for the D.C. Circuit, alleging that the District Court erred in its decision not to issue providers’ and suppliers’ mandamus relief. The AHA pressed the Circuit Court to overturn the District Court’s ruling, which acknowledged the repercussions of the backlog but nonetheless concluded court intervention was inappropriate. http://www.aha.org/advocacy-issues/legal/litigation.shtml
More information regarding the ALJ appeals backlog is available here: https://www.thehealthlawpartners.com/docs/6.6.14.pdf
For more information, contact Jessica Gustafson or Abby Pendleton.