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The Courts

November 07, 2019 | Daily News

HHS has sued Gilead for patent infringement after the drug manufacturer repeatedly refused to obtain licenses for HHS patents on an HIV medication. The suit, filed in federal court in Delaware, alleges Gilead willfully infringed on patents given to HHS meant to protect the government’s work in developing pre-exposure prophylaxis (PrEP), and has profited from research funded by taxpayers through the sale of the brand-name drugs Truvada and Descovy, according to HHS.

November 06, 2019 | Daily News

HHS exceeded its statutory authority and violated the Constitution when it issued a final rule attempting to make it easier for health care providers and insurance plans to refuse care based on religious or moral objections, a federal judge ruled Wednesday (Nov. 6).

November 05, 2019 | Daily News

South Carolina likely violated federal law when it attempted to prevent Planned Parenthood from receiving any Medicaid funding, a federal appeals court recently ruled.

November 05, 2019 | Daily News

The American Kidney Fund (AKF) and Dialysis Patient Citizens (DPC) and two kidney failure patients have sued California over legislation enacted last month that the advocates say will cause irreparable harm to patients with end-stage renal disease.

November 04, 2019 | Daily News

Nearly 68 million women and girls with preexisting conditions risk facing discriminatory insurance pricing or losing coverage if the Affordable Care Act is repealed in the high-profile Texas v. United States case, according to a new report from the Center for American Progress and National Partnership for Women & Families.

November 04, 2019 | Daily News

The White House on Sunday vowed to vigorously defend the president’s demand that immigrants show they can cover their own health costs or can purchase certain coverage prior to entering the country after a federal judge in Oregon barred the government from implementing the policy for 28 days.

October 31, 2019 | Daily News

Advocacy groups have filed a class action suit challenging the president’s demand that immigrants prove they have obtained health coverage prior to entering the country, arguing the policy is a vast restructuring of the nation’s immigration laws and violates the constitution's separation of powers, due process and equal protection clauses. The advocates seek to immediately and permanently block the administration from implementing the policy, which is set to go into effect on Sunday (Nov. 3).

October 30, 2019 | Daily News

A Fifth Circuit Court of Appeals decision to remand a lawsuit back to the district court to hash out which of Louisiana’s abortion regulations injure the plaintiffs mirrors the Department of Justice’s requested remedy in the Texas case over the Affordable Care Act, and makes it a strong potential decision out of many possibilities on the table.

October 28, 2019 | Daily News

CMS and New Hampshire are appealing a federal judge’s ruling that blocked the state’s plan to implement Medicaid work requirements.

October 23, 2019 | Daily News

Federal Judge Margaret Sweeney issued a final judgment in the class action case Common Ground Healthcare Cooperative v. United States ordering the government to reimburse the class of about 100 Affordable Care Act plan issuers nearly $1.6 billion in cost-sharing reduction payments owed for the 2017 and the 2018 plan years.

October 23, 2019 | Daily News

House Democrats on the House Energy & Commerce oversight subcommittee criticized the Trump administration for not having an Affordable Care Act replacement plan ready to go and asked CMS Administrator Seema Verma why CMS has not intervened to defend parts of the health law that protect coverage for people with preexisting conditions in the high-profile Texas case.

October 22, 2019 | Daily News

The Ninth Circuit Court of Appeals upheld a lower court ruling that barred HHS from enforcing the Trump administrations rule that allows employers to easily avoid covering birth control without cost-sharing in the 14 plaintiff states.

October 21, 2019 | Daily News

Federal D.C. District Court Judge Rosemary Collyer on Monday (Oct. 21) turned down CMS’ request to let the agency take a first crack at fixing issues she had found with its site-neutral policy for certain off-campus clinic visits, and the judge also refused the agency’s request for a 60-day stay so that it could decide whether to appeal.

October 16, 2019 | Daily News

Stakeholders who cheered a district court ruling that shot down key pieces of the Trump administration’s rule that expanded association health plans are likely to face a steeper challenge in the appeals court where they’ll be arguing before a panel of judges appointed by two GOP presidents and one Democrat.

October 11, 2019 | Daily News

A New York federal judge on Friday (Oct. 11) temporarily blocked the Trump administration’s so-called public charge rule to make it difficult for immigrants to become permanent U.S. residents if they briefly use Medicaid or other forms of public assistance.

October 11, 2019 | Daily News

Federal appellate judges grilled a lawyer for the Trump administration on Friday (Oct. 11) over the administration’s policy allowing states to add work requirements to their Medicaid programs, with all the members of a three-judge panel -- two Democratic appointees and one Republican appointee -- expressing skepticism that work requirements can promote the goals of Medicaid.

October 10, 2019 | Daily News

HHS is on the hook to pay potentially $24 million or so it allegedly netted from debts owed by Colorado’s failed ACA co-op since the department has no authority to override the state’s law governing liquidation priorities, the Federal Court of Claims ruled last week.

October 09, 2019 | Daily News

The Tenth Circuit Court of Appeals could soon deliver a ruling in the ongoing case on whether HHS wrongly assumed that the Affordable Care Act's risk adjustment program had to be budget neutral, and whether state-wide adoption of that policy means that average premiums in the risk adjustment methodology should stand.

October 04, 2019 | Daily News

The Supreme Court announced that it will hear a challenge to the Louisiana abortion law that requires doctors who perform abortions to have hospital admitting privileges and abortion clinics to have access to emergency medical care.

October 01, 2019 | Daily News

The case to overturn the Trump administration's rule on short-term plans will not be decided until months after the start of the Affordable Care Act next open enrollment period, according to a recently released briefing schedule from the U.S. Court of Appeals for the District of Columbia Circuit.