The court grants the U.S. Department of Health & Human Services Office of the Inspector General limited discovery to determine whether the plaintiff, a patient assistance program, waived its First Amendment rights to engage in discussions with donors.
The Department issued an advisory opinion limiting such discussions as they relate to funding levels for particular diseases. The plaintiff seeks declaratory and injunctive relief on First Amendment grounds. But the defendants have sufficiently argued that the administrative record in this case might be so deficient as to preclude effective review. Thus, limited discovery is warranted to determine whether the plaintiff can sufficiently allege a First Amendment injury-in-fact.