University of Washington Medical Center v. Becerra

• Court: District Court, W.D. Washington
• Decided: April 25, 2024
• Docket: 2:23-cv-01985
• Status: Unknown

Opinion

11 22

77 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 88 AT SEATTLE 99

1100 UNIVERSITY OF WASHINGTON MEDICAL CASE NO. C23-1985RSL CENTER, etc., et al, 1111 ORDER STAYING ACTION Plaintiffs, 1122

1133 v.

1144 XAVIER BECERRA, Secretary, United States Department of Health and Human Services, etc., 1155

Defendant. 1166

1177 1188 WHEREAS Plaintiffs filed this action on December 22, 2023, seeking to challenge the 1199 methodology by which Defendant calculates inpatient hospital days for patients who are entitled to 2200 both Medicare Part A and supplementary/supplemental security (SSI) benefits for purposes of 2211 determining Plaintiffs’ Medicare disproportionate share hospital (DSH) payments for the fiscal year 2222 ending on June 30, 2007; and 2233 WHEREAS a Petition for a Writ of Certiorari has been filed from a judgment in favor of 2244 Defendant on certain challenges related to this same legal issue in Advocate Christ Medical Center v. 2255 Becerra, 80 F.4th 346 (D.C. Cir. 2023), and the petition is presently pending before the Court. 2266 WHEREAS certain challenges related to this same legal issue are also pending before the 2277 District Court for the Eastern District of Washington in Empire Health Foundation v. Becerra, Case 2288 11 No. 2:16-cv-00209-MKD, which has been stayed pending the disposition of the certiorari petition in 22 Advocate Christ Medical Center v. Becerra; 33 WHEREAS the parties agree that a stay of this lawsuit pending further developments in the 44 Supreme Court in Advocate Christ Medical Center v. Becerra and in the Eastern District of 55 Washington in Empire Health Foundation v. Becerra may serve to promote the interest of 66 conserving judicial resources; and 77 WHEREAS the parties agree that nothing in this stipulation should be construed to limit the 88 parties from pursuing any claims of defenses in the lawsuit that they may have, 99 NOW THEREFORE the parties stipulate and agree, and therefore respectfully request that 1100 the Court make and enter the following order: 1111 1. This action is stayed. 1122 2. The parties shall jointly report to the Court within 60 days of the Court’s disposition 1133 of the Petition for a Writ of Certiorari in Advocate Christ Medical Center v. Becerra, whether the 1144 stay herein should continue. 1155 3. If the parties agree that the stay should continue, the parties shall provide a 1166 justification for their recommendation, including a recommendation for how long the stay should 1177 continue. If the parties disagree, they shall state their positions separately in the joint report. 1188 4. If the parties agree that the stay should end, the report shall contain a joint 1199 recommendation for how best to proceed with this lawsuit. In the event of a disagreement between 2200 the parties as to whether the stay should end, their report should not contain recommendations for 2211 how the case should proceed and the parties shall instead await further orders from the Court. 2222 /// 2233 /// 2244 /// 2255 /// 2266 /// 2277 /// 2288 11 5. Notwithstanding the above, the parties may at any time unilaterally file a motion 22 asking that the stay of the lawsuit be lifted. 33 SO STIPULATED. 44 DATED this 24th day of April 2024.

55 TESSA M. GORMAN United States Attorney 66

77 /s/ Brian C. Kipnis BRIAN C. KIPNIS 88 Assistant United States Attorney Office of the United States Attorney 99 5220 United States Courthouse 700 Stewart Street 1100 Seattle, Washington 98101-1271 Phone: 206-553-7970 1111 Email: brian.kipnis@usdoj.gov

1122 Attorneys for Defendant

1133 SO STIPULATED. 1144 DATED this 24th day of April 2024. 1155 STAMPER RUBENS, P.S. 1166

1177 /s/ Michael H. Church MICHAEL H. CHURCH, WSBA #24957 1188 720 W. Boone, Ste. 200 Spokane, WA 99201 1199 Telephone: (509) 326-4800 Email: mchurch@stamperlaw.com 2200 Attorneys for Plaintiffs 2211

2222 2233 2244 2255 2266 2277 2288 11 IT IS SO ORDERED. The Clerk of Court is directed to enter a statistical termination in this 22 case. Such termination is entered solely for the purpose of removing this case from the Court’s 33 44 active calendar pending resolution of Advocate Christ Medical Center v. Becerra and the further 55 report or motion of the parties as described above. 66 Dated this 25th day of April, 2024. 77

88 ROBERT S. LASNIK 99 Senior United States District Judge 1100 1111 1122 1133 1144 1155 1166 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277 2288