The American Hospital Association (AHA) and a number of hospitals have asked the U.S. Supreme Court to hear a case raising whether “Chevron” deference should apply when a law being interpreted prevents a court’s ability to weigh the lawfulness of a particular agency action. 

On July 17, 2020, a panel of the U.S. Court of Appeals for the District of Columbia reversed a lower court decision and held that the HHS policy of reducing Medicare payment to off-site outpatient hospital sites for certain services did not have to be budget neutral.