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The Courts

March 14, 2018 | Daily News

The White House Office of Management and Budget is reviewing a rule on fee-for-service Medicaid beneficiaries' access to care and exceptions in states that mostly use managed care, and a key beneficiary advocate who formerly worked at CMS said stakeholders are looking to find out whether the proposed rule codifies guidance released last fall or goes further.

March 05, 2018 | Daily News

The U.S. Court of Appeals for the District of Columbia is asking the parties involved in the initial case over the Affordable Care Act's cost-sharing reductions (CSRs) to further explain their reasons for asking the court to partially vacate the case.

March 05, 2018 | Daily News

The Patent Trial and Appeal Board's move late last month to shoot down a closely followed attempt by the Saint Regis Mohawk Tribe to assert sovereign immunity in a bid to keep the Restasis dry eye drug patents it acquired from Allergan out of the inter partes review process has sparked new debate over the board's authority to make such a determination and predictions the issue will ultimately land at the U.S. Supreme Court.

February 27, 2018 | Daily News

Twenty GOP-led states filed a suit in federal district court Monday (Feb. 26) seeking to block implementation of the Affordable Care Act now that the individual mandate penalty has been repealed.

February 26, 2018 | Daily News

Kentucky Medicaid beneficiaries who are suing the federal government over work requirements in the program are fighting the government's request to transfer the case from Washington, DC to a Republican-appointed judge in Kentucky.

February 26, 2018 | Daily News

A federal district judge has rejected a legal challenge to President Donald Trump's executive order (EO) directing HHS and other agencies to identify two existing rules for potential repeal in exchange for every new rule they issue, saying the plaintiffs failed to prove harm from the order -- but stopping short of dismissing the case entirely.

February 12, 2018 | Daily News

The Trump administration, in a reversal of previous GOP priorities, appears to call for legislation that would fully fund the Affordable Care Act's risk corridor program that ended in 2016.

February 08, 2018 | Daily News

The Pacific Legal Foundation has filed lawsuits on behalf of nine vape businesses and one nonprofit across three district courts, arguing that FDA's deeming rule violates the First Amendment and is constitutionally invalid because the FDA employee who issued the final rule was not legally authorized to do so.

February 07, 2018 | Daily News

A federal district court recent ruled that HHS did not act arbitrarily in setting the rules for the Affordable Care Act's risk adjustment program and thus denied a request from a Massachusetts-based health co-op for HHS to stop using its current methodology.

January 31, 2018 | Daily News

The recently filed lawsuit challenging numerous aspects of Kentucky's Medicaid 1115 waiver could have far-reaching effects on other states that are seeking similar waivers or have already enacted provisions like beneficiary premiums, the elimination of retroactive eligibility and the withdrawal of non-emergency medical transportation.

January 26, 2018 | Daily News

Minnesota and New York sued HHS Friday for reducing Basic Health Program funding, alleging the department violated the Affordable Care Act and the Administrative Procedure Act by informing the two states that the Trump administration's decision to end the cost-sharing reductions payments would result in a 25 percent funding cut for BHP.

January 25, 2018 | Daily News

Attorneys for the generic drug industry and Maryland jostled over the scope of the state's first-in-the-nation generic drug price gouging law during oral arguments Wednesday (Jan. 24) in their ongoing legal battle over the law.

January 25, 2018 | Daily News

Endo Pharmaceuticals has agreed to a temporary stay of its lawsuit against FDA over the agency's interim policy on compounding using bulk substances until the agency releases new guidance to significantly rework the controversial policy.

January 24, 2018 | Daily News

Kentucky Medicaid beneficiaries are suing the Trump administration over what they view as an unconstitutional move to sidestep Congress and comprehensively transform the nation's key social safety net program.

January 18, 2018 | Daily News

A majority of Senate Democrats, led by Senate Finance ranking Democrat Ron Wyden (OR), are questioning CMS’ authority to let states condition Medicaid coverage on having a job, and also say other eligibility policies including mandatory drug testing, enrollment time limits, “onerous-cost sharing,” and lock-out periods undermine the purpose of Medicaid.

January 12, 2018 | Daily News

Wisconsin's health insurance co-op, Common Ground Health Cooperative, recently amended an earlier lawsuit over the risk corridor payments and now is also challenging the government's October decision to end cost-sharing reduction payments in the U.S. Court of Federal Claims.

January 10, 2018 | Daily News

The federal government violated its statutory obligations and breached an implied contract by ending reimbursements to health insurers for cost-sharing reductions, Maine Community Health Options (MCHO) argued in a lawsuit filed late December that seeks more than $5 million it says it was owed for the final months of 2017.

January 09, 2018 | Daily News

Hospital groups notified the federal DC district court Tuesday (Jan. 9) they are appealing the judge's dismissal of their lawsuit over CMS reimbursement cuts for 340B drugs now that those cuts are in effect.

January 02, 2018 | Daily News

CMS’ reimbursement cuts for 340B drugs kicked in Jan. 1 after the federal district court in DC dismissed hospitals’ lawsuit over the policy and Congress didn’t include a measure to stop the cuts in its year-end funding package.

December 26, 2017 | Daily News

A California federal district court on Thursday (Dec. 21) ruled in favor of a handful of state attorneys general and placed a nationwide preliminary injunction on the Trump's administration’s recent interim final rules that broadened employers' ability to refuse to comply with the Affordable Care Act's mandate that they cover all FDA-approved contraceptives with no cost-sharing.