JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Ginsburg, Alito, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion. Kavanaugh, J., took no part in the consideration or decision of the case.

Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents: Pratik A. Shah, Washington, D. C.

Reply of petitioner Alex M. Azar II, Secretary of Health and Human Services filed. (Distributed)

Brief amici curiae of American Hospital Association, et al. filed. (Distributed)

Brief amici curiae of Catholic Health, et al. filed. (Distributed)

Brief amici curiae of 77 Hospitals and Southwest Consulting Associates filed. (Distributed)

Brief amici curiae of Fourteen State and Regional Hospital Associations filed. (Distributed)

Record received from the U.S.C.A. Dist. of Columbia Circuit is electronic and located on PACER, with the exception of the transcript of the Oral Argument which is electronic.

Brief of respondents Allina Health Services, et al. filed. (Distributed)

Record requested from the U.S.C.A. District of Columbia Circuit.

CIRCULATED

SET FOR ARGUMENT ON Tuesday, January 15, 2019

Joint appendix filed.

Brief of petitioner Alex M. Azar II, Secretary of Health and Human Services filed.

Justice Kavanaugh is recused in this case.

Petition GRANTED limited to the following question: Whether 42 U. S. C. §1395hh(a)(2) or §1395hh(a)(4) required the Department of Health and Human Services to conduct notice-and-comment rulemaking before providing the challenged instructions to a Medicare Administrator Contractor making initial determinations of payments due under Medicare.

Brief of respondents Allina Health Services, et al. in opposition filed.

Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2018.

Motion to extend the time to file a response from May 30, 2018 to June 29, 2018, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due May 30, 2018)

Application (17A880) granted by The Chief Justice extending the time to file until April 27, 2018.

Application (17A880) to extend further the time to file a petition for a writ of certiorari from March 29, 2018 to April 27, 2018, submitted to The Chief Justice.

Application (17A880) granted by The Chief Justice extending the time to file until March 29, 2018.

Application (17A880) to extend the time to file a petition for a writ of certiorari from February 27, 2018 to March 29, 2018, submitted to The Chief Justice.

Alex M. Azar II, Secretary of Health and Human Services, Petitioner, represented by Noel J. Francisco

Allina Health Services, et al., Respondent, represented by Pratik Arvind Shah

Allina Health Services, et al., Respondent, represented by Stephanie A. Webster

77 Hospitals and Southwest Consulting Associates, Amicus Curiae, represented by Paul D. Clement

American Hospital Association, Federation of American Hospitals, and Association of American Medical Colleges, Amicus Curiae, represented by Sean Marotta

American Medical Association and Medical Society of the District of Columbia, Amicus Curiae, represented by Tacy Fletcher Flint

Catholic Health, et al., Amicus Curiae, represented by John J. Bursch

Fourteen State and Regional Hospital Associations, Amicus Curiae, represented by Chad Ian Golder