Opinion
SA CV 19-00074 DOC (JDEx)
02-08-2022
AGENDIA, INC., Plaintiff, v. XAVIER BECERRA[1], Secretary, Department of Health and Human Services, Defendant.
JUDGMENT
DAVID O. CARTER, UNITED STATES DISTRICT JUDGE
On October 29, 2019, the Court granted plaintiff Agendia, Inc.'s motion for summary judgment (Dkt. 18), and defendant Xavier Becerra, Secretary, Department of Health and Human Services, appealed the order on December 27, 2019 (Dkt. 24). On July 16, 2021, the Ninth Circuit Court of Appeals determined that the Court's Order of October 29, 2019, should be reversed and remanded with instructions to enter summary judgment for defendant. On October 19, 2021, plaintiff filed a Petition for Writ of Certiorari with the United States Supreme Court, which was denied on January 24, 2022. See 2022 WL 199386, at *1 (U.S. Jan. 24, 2022).
Accordingly, it is ORDERED and ADJUDGED that:
1. The development by Medicare Administrative Contractors of local coverage determinations, 42 U.S.C. § 1395kk-1(a)(4)(A); 42 C.F.R. § 405.920, is not an unconstitutional delegation of regulatory authority to private entities in violation of the Due Process Clause of the Fifth Amendment.
2. Local coverage determinations are not subject to the notice and comment requirements of 42 U.S.C. § 1395hh as they do not “establish[]” or “change[]” a substantive legal standard.
3. Pursuant to the July 16, 2021, Order of the Ninth Circuit, and for the reasons stated therein, plaintiff Agendia, Inc.'s motion for summary judgment is denied, and summary judgement is entered in favor of defendant Xavier Becerra, Secretary, Department of Health and Human Services. Defendant is awarded his costs.