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The Courts

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.

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.

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