Alex M. Azar, II, Secretary of Health and Human Services, Petitioner v. Allina Health Services, et al.

1. 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. 2. Whether Section 1395hh(a)(2) requires HHS to conduct notice-and-comment rulemaking before providing instructions to a Medicare Administrative Contractor that makes initial determinations of payments due under Medicare, when those instructions rest on a non--legally-binding administrative interpretation of a relevant statutory provision.