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The Courts

January 25, 2021 | Daily News

AARP has sued CMS over the Trump administration’s 2017 decision to stop imposing per-day fines on nursing homes that don’t meet certain CMS health and safety requirements.

January 19, 2021 | Daily News

Affordable Care Act supporters as expected sued the Trump administration last week for allowing Georgia to leave healthcare.gov and instead rely on brokers and agents to enroll consumers in health plans starting in 2022.

January 15, 2021 | Daily News

New Hampshire is failing to provide adequate home- and community-based services to Medicaid beneficiaries through the state’s Choices for Independence waiver, alleges a class-action lawsuit filed in the United States District Court for New Hampshire on Monday (Jan. 11).

January 13, 2021 | Daily News

U.S. District Judge Dan Aaron Polster will allow plaintiffs in the national multi-district opioid litigation to obtain and preserve former FDA chief David Kessler’s expert testimony so that it can be used at future trials if he is again named FDA commissioner or takes on another official role under the Biden administration that could prevent him from testifying as an expert witness in the case.

January 12, 2021 | Daily News

Pharmaceutical benefit managers sued the Trump administration Tuesday (Jan. 12) over a last-minute rule to end Medicare drug rebates that PBMs use to negotiate lower prices for insurers.

December 29, 2020 | Daily News

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday (Dec. 29) ruled that HHS can move forward with its controversial hospital price transparency rule on Jan. 1, agreeing with a lower court just days before the rule was set to go into effect.

December 23, 2020 | Daily News

By granting a 14-day restraining order to delay the start of the most-favored-nation demonstration on Wednesday (Dec. 23), a federal judge signaled the drug industry will likely succeed in killing the demo.

December 21, 2020 | Daily News

Federal Judge Catherine Blake said Friday she will rule by Dec. 24 on whether to put on hold the Trump administration’s plan to tie Medicare Part B reimbursement to foreign drug prices.

December 11, 2020 | Daily News

Democratic states and consumer advocates are asking the Supreme Court not to take up a lower court ruling that paused the Trump administration’s controversial public charge policy that denies green cards for immigrants who could benefit from public programs including Medicaid, arguing in briefs filed Wednesday (Dec. 9) that the high court should sidestep the case because the incoming Biden administration is likely to overturn the public charge policy.

December 10, 2020 | Daily News

The Supreme Court unanimously ruled Thursday (Dec. 10) in favor of an Arkansas law that regulates how much pharmacy benefit managers can pay pharmacies, clearing the way for the more than 40 states with similar laws that aim to use PBM regulation to control drug prices.

December 06, 2020 | Daily News

President-elect Joe Biden reportedly has selected California Attorney General Xavier Becerra to lead HHS, tasking the vocal opponent of the Trump administration’s efforts to dismantle the Affordable Care Act with leading the country’s pandemic response and recovery.

December 04, 2020 | Daily News

The Pharmaceutical Research and Manufacturers of America and three groups representing doctors and patients filed suit Friday (Dec. 4) against the Trump administration’s demonstration that ties Medicare doctor reimbursement to foreign drug prices, and at press time the Biotechnology Innovation Organization was poised to file a separate suit in a federal court in California.

December 04, 2020 | Daily News

The Supreme Court on Friday (Dec. 4) announced it will hear a suit over Medicaid work requirements after Arkansas and the Department of Justice asked the high court to reverse a federal appeals court ruling that blocked the state’s program, and the DOJ also asked the court to take another look at New Hampshire’s program.

November 23, 2020 | Daily News

The Pharmaceutical Research and Manufacturers of America sued the Trump administration over its final rule allowing drug imports from Canada.

November 11, 2020 | Daily News

A federal appeals court on Tuesday (Nov. 10) rejected insurers’ request for a full court review of the August decision that found the government must reimburse insurers for Affordable Care Act subsides that were not paid in 2017 yet had limited the damages in later years to account for the “silver-loading” work-around that resulted in larger tax credits.

November 10, 2020 | Daily News

It now appears less likely the Supreme Court will throw out the full health reform law, or even just the law’s consumer protections, after Chief Justice John Roberts and Trump appointee Brett Kavanaugh signaled in oral arguments Tuesday (Nov. 10) they believe the law’s now toothless mandate to buy insurance can be severed from the rest of the law.

November 09, 2020 | Daily News

As the much-anticipated constitutional challenge to the Affordable Care Act gets its hearing in the highest court of the land Tuesday, stakeholders will closely listen to the justices’ line of questioning to glean any insights on the three questions in the case: Do the GOP states and individual Texans have standing? Is the individual mandate legal without the mandate penalty? If the mandate is unconstitutional, can it be cleanly severed from the rest of the law?

November 09, 2020 | Daily News

When the Supreme Court hears the challenge to the Affordable Care Act on Tuesday (Nov. 10), prescription drug policies are at stake in addition to the future of the insurance exchanges.

November 02, 2020 | Daily News

A federal judge has struck down the Trump administration’s controversial public charge rule, declaring it should immediately be vacated nationwide, the latest in the ongoing legal battle over the administration’s effort to deny certain legal immigrants government benefits including Medicaid.

November 02, 2020 | Daily News

The Trump administration failed to prepare for or respond to the COVID-19 pandemic, as required under the Pandemic and All Hazards Preparedness Act, a New York City Councilman, two Brookly-based non-profits and an infectious disease expert claim in a lawsuit filed Friday (Oct. 30) in the Southern District Of New York.

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