This area includes all constitutional, statutory and Administrative Procedure Act (APA)-based challenges to programs administered by the Department of Health and Human Services (HHS) and the Department of Education (DOE).

The HHS cases include challenges to provisions of the Affordable Care Act (ACA), the Medicare statute, and the Medicaid statute, and their implementing regulations. The area also includes individualized challenges regarding actions taken pursuant to these statutes or regulations, such as challenges to determinations concerning Medicare coverage and payment or the procedures used in making those determinations. States also bring challenges regarding their federal Medicaid matching payments, and various entities may challenge federal decisions to approve or disapprove Medicaid State plan amendments.

The area also encompasses challenges under other federal/state government programs administered by HHS such as Temporary Assistance to Needy Families (TANF), Foster Care, Adoption Assistance and Refugee Assistance. This area also includes suits involving the Public Health Service, the National Institutes of Health, the Indian Health Service, the National Health Scholarship Program, and other health-related agencies.

The DOE cases include those brought under the Higher Education Act (including various federal grant and student loan programs), the No Child Left Behind Act, the Individuals with Disabilities Education Act (IDEA), and various other DOE programs.

[updated April 2018]