July 20, 2020 – The American Hospital Association (AHA) has filed an initial brief urging a federal appeals court in Washington, DC, to overturn an U.S. Department of Health and Human Services (HHS) rule requiring hospitals to disclose their confidential privately negotiated charges with insurers.
The AHA argues that the rule rests on a “manifestly unreasonable statutory interpretation by the agency of Section 2718(e) of the 2010 Affordable Care Act.”
A lower court previously upheld the rule as a reasonable statutory interpretation by the agency under a legal theory announced in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), which instructs the court to defer to such reasonable agency interpretation…