Cody v. Cox

509 F.3d 606, 379 U.S. App. D.C. 79, 2007 U.S. App. LEXIS 28879, 2007 WL 4354429
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 14, 2007
Docket06-5253
StatusPublished
Cited by35 cases

This text of 509 F.3d 606 (Cody v. Cox) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cody v. Cox, 509 F.3d 606, 379 U.S. App. D.C. 79, 2007 U.S. App. LEXIS 28879, 2007 WL 4354429 (D.C. Cir. 2007).

Opinions

Opinion for the Court filed by Circuit Judge BROWN.

Concurring opinion filed by Chief Judge GINSBURG.

BROWN, Circuit Judge:

Plaintiffs are elderly veterans who seek to force the Armed Forces Retirement Home to provide “high quality” health care, as required by 24 U.S.C. § 413(b). The district court dismissed their case as moot, relying on new amendments to section 413. We reverse and hold the case is not moot and subsection 413(b) is not committed to agency discretion by law.

I

The Armed Forces Retirement Home-Washington D.C. (“Home”), provides full-time housing and medical care for approximately 1,000 elderly veterans. In 2003, the Chief Operating Officer of the Home (“COO”) introduced a series of cost-saving measures that plaintiffs, a group of full-time residents at the Home, claim led to a [608]*608severe decrease in the quality of medical care. The alleged deficiencies include unavailability of physicians and dentists, neglect of patients, and delays in obtaining prescription drugs.

In 2005, plaintiffs sued the COO and the Secretary of Defense (“defendants”),' requesting an injunction to force defendants to provide “high quality” health care as required by 24 U.S.C. § 413(b). They asked the district court to mandate the Home to: maintain “a primary treatment room, staffed by an on-location physician, to provide primary health care to residents of the Home seven days a week, twenty-four hours a day”; maintain “the ability to provide promptly the medications required for the treatment of residents”; maintain “the ability to provide on-site x-ray services, electrocargiogram [sic] services, laboratory work, and such other services as are required to provide for the primary health care needs of the residents”; provide “annual examinations for each resident to assess their overall physical and mental condition”; and provide “adequate resources (such as transportation).” Their requested relief was not “limited to” these remedies and they also asked the court to “[a]ward such other and further relief, including costs and attorneys’ fees, as the Court may deem just and proper.”

In 2006, Congress amended section 413, mandating specific measures regarding physicians, dentists, and transportation, and requiring the COO to issue uniform standards to ensure access to care. The district court found that these amendments rendered plaintiffs’ claims moot and granted defendants’ motion to dismiss the case. See Cody v. Rumsfeld, 450 F.Supp.2d 5, 9-11 (D.D.C.2006). Plaintiffs now appeal.

II

The mootness doctrine ensures that federal courts only decide ongoing cases and controversies. Clarke v. United States, 915 F.2d 699, 700-01 (D.C.Cir.1990) (en banc). For a case to become moot, it must be “impossible for the court to grant ‘any effectual relief whatever.’ ” Church of Scientology of Cal. v. United States, 506 U.S. 9, 12, 113 S.Ct. 447, 121 L.Ed.2d 313 (1992) (quoting Mills v. Green, 159 U.S. 651, 653, 16 S.Ct. 132, 40 L.Ed. 293 (1895)).

When plaintiffs filed their complaint, subsection 413(a) provided that a resident at the Home “shall receive the services authorized by the Chief Operating Officer.” 24 U.S.C. § 413(a) (Supp. I 2001)). Subsection (b) was the only limitation on the COO’s discretion and mandated that the Home “shall provide for the overall health care needs of residents in a high quality and cost-effective manner, including on site primary care, medical care, and a continuum of long-term care services.” § 413(b) (emphasis added).

In January 2006, Congress amended section 413 by adding more specific requirements. See National Defense Authorization Act for Fiscal Year 2006, Pub.L. No. 109-163, § 909(a), 119 Stat. 3136, 3404-05. While leaving subsection (b) substantially intact, the amendments inserted subsections (c) and (d) as additional limitations on the COO’s discretion under subsection (a). Under subsection (c), the Home must “have a physician and a dentist(A) available at the facility during the daily business hours of the facility; and (B) available on an on-call basis at other times,” and those professionals must “have the skills and experience suited to residents of the facility.” Under subsection (d), the Home must “provide daily scheduled transportation to nearby medical facilities used by residents of the facility,” and “may provide, based on a determination of medical need, unscheduled transportation for a resident of the facility [609]*609to any medical facility located not more than 30 miles from the facility for the provision of necessary and urgent medical care for the resident.” Finally, under subsection (c)(3), “the Chief Operating Officer, in consultation with the Medical Director, shall establish uniform standards, appropriate to the medical needs of the residents, for access to health care services during and after the daily business hours of the facility.”

The district court held that the newly enacted subsections rendered plaintiffs’ complaint moot. In essence, the court concluded that by adding these new subsections, Congress made subsection (b)’s requirement that the Home provide “high quality and cost-effective” health care a mere redundancy.

Yet, “the normal assumption is that where Congress amends only one section of a law, leaving another untouched, the two were designed to function as parts of an integrated whole.” Markham v. Cabell, 326 U.S. 404, 411, 66 S.Ct. 193, 90 L.Ed. 165 (1945). Under the newly amended subsection (a), the COO’s discretion is limited by “subsections (b), (c), and (d).” This demonstrates subsection (b)’s “high quality” mandate has force beyond subsections (c) and (d). Accordingly, we hold section 413 functions as an “integrated whole,” with subsections (c) and (d) serving as a baseline that does not exhaust subsection (b)’s “high quality and cost-effective” health care mandate. The district court could have provided meaningful relief under subsection (b), notwithstanding the new subsections.1

Under the district court’s interpretation, the COO could decide to provide no physical examinations for residents simply because examinations are not specified in subsections (c) and (d). Similarly, on this reading, the COO could decide to hire just one physician for 1,000 elderly residents because subsection (c) only requires that “a physician” be “available.” Conversely, under our interpretation, the COO could provide no examinations and only one physician only if doing so would satisfy subsection (b)’s “high quality and cost-effective” health care mandate. While the requirements of subsections (c) and (d) inform this “high quality and cost-effective” inquiry, they do not completely exhaust its scope.

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Cite This Page — Counsel Stack

Bluebook (online)
509 F.3d 606, 379 U.S. App. D.C. 79, 2007 U.S. App. LEXIS 28879, 2007 WL 4354429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cody-v-cox-cadc-2007.