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The Courts

August 13, 2018 | Daily News

Both sides in the lawsuit over Kentucky's controversial Medicaid waiver are asking a federal judge to retain jurisdiction over the case while the Trump administration attempts to comply with the judge's June ruling that blocked the so-called Kentucky HEALTH program from taking effect and ordered CMS to review it further.

August 09, 2018 | Daily News

Boston -- An industry lawyer told state insurance commissioners over the weekend that any governor who agrees with the Justice Department that the ACA's preexisting conditions and community ratings provisions must be scrapped when the individual mandate penalty goes away Jan. 1 must stop enforcing those provisions come that date.

August 03, 2018 | Daily News

The Department of Justice dances around its recent win in the risk corridors cases in order to argue that Congress' decision not to appropriate funding for ACA cost-sharing reduction payments to insurers means the court should dismiss Blue Cross and Blue Shield Of Vermont's lawsuit over the end of the CSRs.

August 02, 2018 | Daily News

Four issuers suing the administration for failing to pay risk corridor payments are asking the U.S. Court of Appeals for the Federal Circuit to hold a new hearing with the full panel of justices, saying an earlier ruling by a three-judge panel went against decades of legal precedent by finding an appropriations rider trumped the administration's obligation to make the payments.

July 31, 2018 | Daily News

The group of 18 Democratic attorneys general who intervened in Texas v. USA to defend the Affordable Care Act say the court should reject the Department of Justice's proposal to convert the GOP-led states' request to scrap the entire health law into a motion that only axes the law's mandate and preexisting conditions protections.

July 26, 2018 | Daily News

A coalition of 12 attorneys general on Thursday (July 26) sued the Trump administration over the association health plan (AHP) rule, charging the regulation is arbitrary and capricious because it deviates from years of settled ERISA law, as well as for other reasons, and thus should be vacated and set aside.

July 25, 2018 | Daily News

The Wisconsin-based health plan leading a class action suit against the administration for failing to pay the Affordable Care Act's cost-sharing reduction payments says a recent court decision on the risk corridor program compels the U.S. Court of Claims to rule in their favor on CSRs.

July 24, 2018 | Daily News

In a blow to drug pricing advocates, a federal appeals court declined Tuesday (July 24) to rehear the Association for Accessible Medicines’ challenge to Maryland’s first-in-the-nation drug price gouging law.

July 23, 2018 | Daily News

Hours after being sued by the consumer advocacy group Public Citizen for allowing the compounding of cesium chloride, FDA agreed to the group's request in a December 2017 petition that cesium chloride be added to an interim list of bulk drug substances that are unsafe for use in compounding.

July 23, 2018 | Daily News

A federal court gave HHS more time to respond to the American Hospital Association's list of ways to fix the Medicare appeals backlog, despite hospitals' opposition, but Judge James Boasberg did not give HHS as much time as as the agency had asked for.

July 20, 2018 | Daily News

Two key health insurance industry lobbies on Thursday urged a court in New Mexico to immediately reconsider its demand that CMS vacate the risk adjustment program, arguing the program's suspension could lead not only to higher premiums and potential market exits, but also could upend other related processes, such as the medical loss ratio calculations that are due at the end of the month.

July 20, 2018 | Daily News

CMS opened a new public comment period Thursday (July 19) on Kentucky’s proposal to add work requirements and other new coverage restrictions to its Medicaid program -- a step the agency hopes will allay the concerns of a federal judge who blocked the proposal from taking effect last month.

July 19, 2018 | Daily News

Senate Democrats are urging their GOP colleagues to back a resolution calling for the Senate to intervene and defend the Affordable Care Act's preexisting conditions protections in the lawsuit brought by 20 GOP-led states challenging the constitutionality of the ACA, but Republicans, who have consistently said they support the consumer protections, have yet to agree to the resolution.

July 19, 2018 | Daily News

The final version of the Trump administration’s long-awaited, controversial rule expanding short-term plans landed at the White House Office of Management and Budget for review on Wednesday (July 18) and could be released shortly.

July 18, 2018 | Daily News

A federal court in California on Wednesday dismissed a case brought by 18 Democratic attorneys general challenging the Trump administration's decision last year to end the ACA's cost-sharing reduction payments to insurers, but the court leaves the door open for the attorneys general to refile their case if HHS moves to block the silver-loading workaround that has made up for the lack of CSRs.

July 17, 2018 | Daily News

House Ways & Means Chairman Kevin Brady (R-TX) said Tuesday (July 17) that he has been talking with HHS Secretary Alex Azar about possible ways to resume risk adjustment payments, but he has not yet decided by what means, and that he plans to bring a package of Affordable Care Act-related bills to the floor next week.

July 17, 2018 | Daily News

The group of 18 Democratic attorneys general who filed suit after the administration ended cost-sharing reduction (CSR) payments last October are now asking the federal court in Northern California to put the case, California v. Trump, on hold so long as a silver-loading work-around continues.

July 17, 2018 |

A federal appeals court dismissed hospitals’ lawsuit over cuts to Medicare reimbursement for 340B drugs, again saying the hospitals sued before they had been hurt by the policy.

July 17, 2018 | Daily News

A federal appeals court dismissed hospitals’ lawsuit over cuts to Medicare reimbursement for 340B drugs, again saying the hospitals sued before they had been hurt by the policy.

July 16, 2018 | Daily News

Judge Reed O'Connor is asking all parties in Texas v. United States to respond by July 30 with any reasons to oppose the Department of Justice's request that the federal district court offer a summary judgment finding that the individual mandate is unconstitutional and must be thrown out along with protections for consumers with pre-existing conditions.