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The Courts

October 29, 2020 | Daily News

University of Connecticut law professor John Cogan is floating a legal theory that Congress has boxed in the Supreme Court in its upcoming review of the Affordable Care Act by relying on and referencing the health law in its recently passed pandemic relief packages, arguing those bills show the current Congress believes the ACA stands even though the penalty for not having insurance was scrapped by an earlier Congress.

October 27, 2020 | Daily News

The contract between the federal government and insurers who will be selling plans on the federal exchange in 2021 includes a new clause that says the plans might have cause to end their agreement if the ACA’s tax credits are ended.

October 19, 2020 | Daily News

The American Hospital Association says providers are considering asking the Supreme Court to take up their cases against the Part B reimbursement cuts for 340B drugs and Medicare pay cuts for outpatient clinic visits at certain off-campus hospital facilities after the full U.S. Court of Appeals for the District of Columbia Circuit declined to rehear those cases.

October 19, 2020 | Daily News

The Supreme Court’s recent decision to punt back to a lower court a case over FDA’s in-person prescribing requirements for the abortion pill mifepristone has women’s health advocates, who oppose the requirements, on guard.

October 19, 2020 | Daily News

As FDA continues to urge the courts to reinstate its in-person prescribing restrictions on mifepristone, one women’s health expert is using the opening to proceed with her plans to study the prescribing and dispensing of mifepristone through telehealth without the need for ultrasounds or physical exams.

October 15, 2020 | Daily News

Federal judges seemed unconvinced on Thursday (Oct. 15) that the Trump administration’s hospital price transparency rule violates the First Amendment and exceeds HHS’ statutory authority, as the American Hospital Association argued in an appeal to stop the rule.

October 13, 2020 | Daily News

Supreme Court nominee Amy Coney Barrett on Tuesday (Oct. 13) continued to suggest her 2017 paper that criticized Chief Justice John Roberts’ decision that uphold the Affordable Care Act due to Congress’ power of taxation has no bearing on the lawsuit the high court is set to hear Nov. 10, saying severability, an issue on which she has yet to reveal her position, is what the current case centers on.

October 08, 2020 | Daily News

If a Senate vote on Supreme Court nominee Amy Coney Barrett is delayed until after the election because of growing COVID-19 cases on Capitol Hill, there could be major ramifications for the future of the Affordable Care Act.

October 06, 2020 | Daily News

Supreme Court justices heard arguments Tuesday (Oct. 6) in a case that could determine whether states may regulate pharmacy benefit managers to lower drug prices, and many justices sounded skeptical states have that authority.

October 01, 2020 | Daily News

Six Senate Republicans, including several in tight races, joined Democrats’ failed move Thursday (Oct. 1) to block the administration from continuing its Supreme Court battle to shoot down the Affordable Care Act, further highlighting the GOP’s vulnerability when it comes to the ACA’s most popular provision just a day after Republicans’ effort to pass their own bill claiming to protect people with preexisting conditions fell short.

September 29, 2020 | Daily News

The insurers suing the administration for cutting off the ACA’s cost-sharing reduction reimbursements want the full Federal Circuit Court to review last month’s ruling that found the government must reimburse insurers for the CSRs due in 2017 but can lower the amount due in 2018 because of the higher tax credits resulting from insurers’ silver-loading workaround.

September 26, 2020 | Daily News

President Donald Trump’s nomination of Seventh-Circuit Judge Amy Coney Barrett to the Supreme Court on Saturday (Sept. 26) replaces liberal Justice Ruth Bader Ginsburg with a staunch conservative who has critiqued the Affordable Care Act’s constitutionality multiple times and who is expected to side with conservative justices in the case to overturn the health law, which the high court will hear Nov. 10.

September 24, 2020 | Daily News

Legal experts and health care advocates immediately panned President Donald Trump’s executive order that declares it is U.S. policy to protect people with preexisting conditions if the Supreme Court rules in favor of his administration and GOP attorneys general, calling it a legally meaningless political stunt and saying if the president wanted to protect Americans he would drop the lawsuit.

September 24, 2020 | Daily News

Senate health committee ranking Democrat Patty Murray (WA) said the president’s expected nomination Saturday of a conservative Supreme Court judge could lead to the Affordable Care Act being overturned, which she said would pour “rocket fuel” on the ongoing pandemic and eliminate a requirement that health insurers cover vaccines without cost-sharing.

September 21, 2020 | Daily News

The death of Supreme Court Justice Ruth Bader Ginsburg, and President Donald Trump’s pledge to nominate a replacement as early as this week, thrusts the constitutional challenge to the Affordable Care Act back into the spotlight less than two months before the election, giving Democrats a chance to highlight a key issue that had largely receded into the background as voters focused on COVID-19, the economy, racial justice and other concerns.

September 08, 2020 | Daily News

The Fourth Circuit Court of Appeals last week blocked HHS from implementing the so-called “gag” rule that bars Title X entities from educating patients about abortion, but the court decision applies only in Maryland and Planned Parenthood says Congress must act to reverse the Trump administration rule.

September 03, 2020 | Daily News

A federal judge Wednesday (Sept. 2) blocked HHS from removing the Affordable Care Act’s protections for transgender individuals under a revised rule implementing the law’s non-discrimination (Section 1557) provisions that went into effect Aug. 18, as a suit against the administration proceeds.

September 02, 2020 | Daily News

The insurers and patient groups who claim the Trump administration’s rule promoting longer-duration short-term insurance plans undermines the Affordable Care Act are asking a full federal appeals court to review last month’s 2-1 appeals court decision in favor of the administration.

August 26, 2020 | Daily News

The generic drug lobby has refiled its suit challenging a California law that bans so-called pay-for-delay settlements after a U.S. district court Tuesday (Aug. 25) dismissed the case saying generic drug makers failed to prove they would be financially harmed by the law. AAM tells Inside Health Policy it has refiled the case with additional evidence.

August 25, 2020 | Daily News

The Supreme Court expanded the amount of time for oral arguments on Nov. 10 in the case over the future of the Affordable Care Act, laying out the time slots in an order issued Monday (Aug. 24).