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Notice of ALJ Rulings

Exhibit 1 - Declaration of Krista Pedley

Defendant's Reply in Support of Motion to Dismiss for Lack of Jurisdiction

In their Motion for a Preliminary and Permanent Injunction, Plaintiffs stated that, on August 2, 2018, Plaintiff Henry Ford Health System (“Henry Ford”) had appealed three
administrative claims for reimbursement under the 340B Program to the Office of Medicare Hearings and Appeals (“OMHA”), and had requested review by an Administrative Law Judge (“ALJ”). ECF No. 2-1 at 14 (citing Ex I at 19–22; Ex. J at 20–23; Ex. K at 19–22). On October 30, 2018, the Deputy Chief ALJ issued orders dismissing two of Henry Ford’s appeals. See Suppl. Ex. I at 23–31; Suppl. Ex. J at 24–32. The Henry Ford employee responsible for managing Henry Ford’s administrative appeals under the 340B Program received these decisions on November 27, 2018, and Henry Ford appealed both of the dismissal orders to the Medicare Appeals Council on November 29, 2018. See Suppl. Ex. I at 32–36; Suppl. Ex. J at 33–37. The Henry Ford employee has not received the third appeal.