Florida Health Sciences v. Secretary of DHHS, No. 15-5163 (D.C. Cir. 2016)Annotate this Case
In order to determine how much federal funding goes to each hospital for providing care, the Secretary of HHS makes certain “estimates” as required by the Affordable Care Act, 42 U.S.C. 1395ww(r). Tampa General filed suit arguing that the Secretary’s reliance on “obsolete” data rather than “the most recent data available” violated federal law. The district court dismissed the hospital’s claim for lack of subject matter jurisdiction, holding that section 1395ww(r)(3), which precludes judicial review of the Secretary’s “estimate” of a hospital’s amount of uncompensated care, bars review of the Secretary’s choice of data used in determining that estimate. The court agreed and held that the bar on judicial review of the Secretary's estimates precludes review of the underlying data and affirmed that section 1395ww(r)(3) bars Tampa General’s challenge.