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D.C. District Denial of Motion to Stay ALJ Delay Case

Sep 22, 2016

On September 19, 2016, the U.S. District Court for the District of Columbia declined to delay proceedings in the Administrative Law Judge (ALJ) delay suit filed by the American Hospital Association (AHA) against the Secretary of Health and Human Services (HHS), Silvia Burwell. The court strongly indicated that it will likely order the Department of HHS to comply with the 90-day statutory deadline to decide ALJ appeals; however, for now it called for a status conference with the litigants to discuss the matter further. The court acknowledged that though it plans to order HHS to comply, it cannot simply eliminate the current backlog. The court scheduled a status conference for October 3, 2016 “to discuss how to proceed.” AAPM&R will keep you updated as the story develops.