American Hospital Association v. Department of Health & Human Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AMERICAN HOSPITAL ASSOCIATION, ET Case No. 4:20-cv-08806-YGR
AL.,
8 Plaintiffs, ORDER GRANTING MOTION TO DISMISS 9 v. 10 DEPARTMENT OF HEALTH & HUMAN Re: Dkt. No. 64 SERVICES, ET AL., Defendants. 12 Plaintiffs the American Hospital Association, 340B Health, America’s Essential Hospitals, the Association of American Medical Colleges, the Children’s Hospital Association, American Society of Health-System Pharmacists, Avera St. Mary’s Hospital, Riverside Regional Medical Center, and St. Mary’s Medical Center bring this action against defendants the Department of Health & Human Services (“HHS”), and acting Secretary of HHS Norris Cochran. Plaintiffs allege two causes of action based on violations of the Administrative Procedure Act (“APA”), 5 USC section 706: (1) for an unlawful, arbitrary, and capricious agency action; and (2) for an agency action unlawfully withheld or unreasonably delayed. Now before the Court is defendants’ motion to dismiss for lack of subject-matter …