The Courts

The Supreme Court on Tuesday (Jan. 21) rejected calls to fast-track its decision on whether to hear the latest constitutional challenge to the Affordable Care Act, essentially guaranteeing that the court will not weigh in on the case before the 2020 presidential election.

The insurance industry, seniors’ organizations, hospitals, small businesses, health advocates and a bipartisan coalition of 56 economists back Democrats’ calls for the Supreme Court to review the Fifth Circuit’s ruling over the Affordable Care Act, arguing it is imperative to resolve the future of the health law as quickly as possible to remove the vast cloud of uncertainty created by the decision.

West Virginia Attorney General Patrick Morrissey, one of the 18 GOP state officials challenging the constitutionality of the Affordable Care Act, is pushing legislation that not only claims to protect residents with preexisting conditions, but also sets up the possibility of state-level subsidies to replace the federal assistance that could be axed if Morrissey and his colleagues’ arguments succeed in the high court.

Federal appellate judges suggested Monday (Jan. 13) that CMS’ attempt to require that drug makers include list prices in television advertisements might lead to consumer confusion without bringing down drug prices.

The Department of Justice Friday (Jan. 10) asked the Supreme Court to hold off reviewing the high-profile case over the constitutionality of the Affordable Care Act until a lower court decides which parts of the law are invalid, rejecting Democrats' claims that a lengthy judicial process would inject more uncertainty in the health care landscape.

Judges on a federal appeals court expressed concern Thursday (Jan. 9) that health insurers could receive an unjustified financial windfall if the insurers prevail in a series of lawsuits over the government’s failure to make payments under the Affordable Care Act’s cost-sharing reduction program.

A federal appeals court on Wednesday (Jan. 8) dismissed a lawsuit over Medicaid work requirements in Kentucky now that the state’s new governor has abandoned the policy, but similar lawsuits challenging work requirements in other states are ongoing.

The 10th Circuit Court of Appeals recently reversed a district court ruling that shot down CMS’ risk adjustment methodology for the 2014-2018 plan years.

The generic drug lobby is appealing a California district court’s decision not to block the state’s pay-for-delay law, which went into effect Jan. 1.