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The Courts

August 14, 2020 | Daily News

The U.S. Court of Appeals for the Federal Circuit on Friday (Aug. 14) ruled that, in light of the Supreme Court’s take on Affordable Care Act’s risk corridor payments, the government owes insurers money for cost-sharing reduction payments from 2017 -- but how much the government owes for 2018 payments needs to take into account the insurers’ practice of silver-loading, and the plans will have to make their case for damages before a lower court.

August 12, 2020 | Daily News

Humana recently became the latest insurer to sue the Trump administration in the U.S. Court of Federal Claims to recover Affordable Care Act cost sharing reduction payments scrapped by HHS in October 2017, and the broader federal court battle is now focused on how much money insurers can recoup as opposed to whether the reimbursements are illegal.

August 10, 2020 | Daily News

Senate Democrats are once again calling on the administration to open healthcare.gov to any consumers seeking health coverage during the pandemic and are also asking President Donald Trump to let seniors enroll in Medicare Part B during the public health emergency.

August 05, 2020 | Daily News

Two circuit courts this week offered differing opinions on the legitimacy of lower court rulings that blocked the Trump administration from implementing the Public Charge Rule nationwide.

July 31, 2020 | Daily News

The Fifth Circuit Court in a unanimous decision Friday (July 31) reversed a lower court’s ruling that found the United States violated the non-delegation doctrine by requiring states account for the Affordable Care Act’s insurance fee when setting their Medicaid managed care capitated rates.

July 29, 2020 | Daily News

A federal district judge Wednesday (July 29) blocked the Trump administration from implementing, enforcing or applying the Public Charge Rule nationwide throughout the declared COVID-19 public health emergency, siding with three states and the city of New York.

July 29, 2020 | Daily News

California Attorney General Xavier Becerra said Wednesday (July 29) it is unlikely the Supreme Court will set oral arguments in the GOP challenge to the Affordable Care Act prior to the Nov. 3 elections, but he added the case, and health care in general, will still be a major campaign issue. Becerra, who is spearheading the Democratic attorneys general defense of the ACA, made the comments in a call discussing the reply briefs that the Democratic AGs -- and the Democratic-led House of Representatives -- filed Wednesday.

July 29, 2020 | Daily News

The  group suing on behalf of Chicago over HHS’ failure to open a special enrollment period amid the pandemic tells a district court that the Trump administration didn’t seriously consider how many people would benefit from opening up the federal exchange used by 38 states or how access to insurance could limit the spread of COVID-19.

July 24, 2020 | Daily News

The American Hospital Association and the Association of American Medical Colleges will seek a rehearing before the U.S. Court of Appeals for the District of Columbia of their lawsuit over Medicare pay cuts for outpatient clinic visits at certain off-campus hospital facilities.

July 24, 2020 | Daily News

A federal appeals court ruled on Friday (July 24) against generic drug makers that challenged a California law that bans so-called pay-for-delay settlements in which brand drug makers pay generic drug makers to delay sales.

July 22, 2020 | Daily News

Most insurers participating in two class action suits against the government over the Affordable Care Act’s temporary risk corridors problem have settled with the Department of Justice and the classes are slated to get more than $3.7 billion in payments owed for the 2014, 2015 and 2016 benefit years.

July 20, 2020 | Daily News

A group of 23 Democratic attorneys general on Monday sued the Trump administration over a recently finalized non-discrimination rule that rolls back protections for transgender individuals, removes language requirements and narrows the rule’s scope.

July 17, 2020 | Daily News

The DC federal appeals court Friday (July 17) ruled 2-1 in favor of the Trump administration’s short-term plan rule, upholding a district court ruling that found the administration did not overstep its authority in issuing the rule that allows the plans to run for up to three years.

July 16, 2020 | Daily News

A three-judge panel for the Ninth Circuit Court of Appeals this week ruled that the Affordable Care Act’s non-discrimination provision bars insurers from discriminating against disabled individuals in their plan design.

July 16, 2020 | Daily News

Several insurers participating in the class action over the Affordable Care Act’s risk corridor program are still disputing the amounts owed and claim the government’s attempt to reduce the payments due to debt still owed for other reasons is illegal, according to a brief filed at the Court of Federal Claims Friday (July 10).

July 16, 2020 | Daily News

The Supreme Court on Oct. 6 will hear a case that could help states lower drug prices by limiting the activities and profits of pharmaceutical benefit managers, according to the court’s docket.

July 14, 2020 | Daily News

Arkansas and the Department of Justice asked the Supreme Court on Tuesday (July 14) to reverse a federal appeals court ruling that blocked the state’s Medicaid work requirements program.

July 13, 2020 | Daily News

The Supreme Court Monday (July 13) released a calendar of cases it will hear in the first half of October, all of which were delayed from the Spring, but the high-profile case over the Affordable Care Act, California v. Texas, is still not scheduled.

July 13, 2020 | Daily News

A Maryland federal court on Monday (July 13) temporarily prohibited FDA from enforcing certain in-person prescribing and dispensing requirements for the abortion drug mifepristone.

July 13, 2020 | Daily News

Women’s advocates and health insurers Friday (July 10) cheered the Maryland District Court’s decision to block the Trump administration from implementing a rule that would have required insurers that cover abortion services not covered by the Hyde Amendment to send two bills to consumers.