Colwell v. HHS, 9th Cir.

Colwell v. HHS, 9th Cir., No. 05-55450, 3/18/09

In a March 18, 2009 decision, a federal court refused to rule on whether, by issuing “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" is a violation of the Administrative Procedure Act.  The court refused to entertain the claim, finding that it was not yet ripe as HHS had not used it for enforcement.   In general the APA requires rules to follow a public commentary process.  A summary can be found in the Health Law Reporter, 18 HLR 408.