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Cases & Deals

July 30, 2019

American Clinical Laboratory Association (ACLA) Wins Jurisdictional Decision in D.C. Circuit Court

The D.C. Circuit issued a favorable jurisdictional decision on behalf of King & Spalding client American Clinical Laboratory Association, reversing the district court and sending the case back for further proceedings on the question of whether HHS acted in an arbitrary and capricious manner in collecting data from only a small number of laboratories before setting national Medicare reimbursement rates. Accepting ACLA’s arguments, the Court found that, while the Protecting Access to Medicare Act of 2014 precludes judicial review of the setting of laboratory reimbursement rates, it does not preclude review of the agency’s implementation of the statute’s separate data-collection provision, as the government had argued.