EAJA Awards (#32866)

New Hampshire Hospital Association
16-03849
U.S. Department of Health and Human Services
OGC/CMSD
New Hampshire Hospital Association (NHHA)
296,332.83
Court
n/a
Plaintiffs challenged a Medicaid policy that was reflected in two FAQs. The district court found that the FAQs should have gone through notice and comment rulemaking and the appellate court agreed.
the Court concluded that NHHA was an eligible party under EAJA, and that Defendants have not satisfied their burden to show that their position was substantially justified.