Page:Azar v. Allina Health Services, 587 U.S. (2019) (slip opinion).pdf/3

Rh (c) Because this Court affirms the court of appeals’ judgment under §1395hh(a)(2), there is no need to address that court’s alternative holding that §1395hh(a)(4) independently required notice and comment. Nor does this Court consider the argument, not pursued by the government here, that the policy did not “establis[h] or chang[e]” a substantive legal standard—and so did not require notice and comment under §1395hh(a)(2)—because the statute itself required the government to count Part C patients in the Medicare fraction. Pp. 16–17.

863 F. 3d 937, 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.