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The Courts

June 14, 2019 | Daily News

FDA asks a Maryland court to give makers of all e-cigarettes and electronic nicotine delivery system (ENDS) products at least 10 months to submit premarket applications.

June 13, 2019 | Daily News

The Trump administration finalized a rule allowing employers to offer health reimbursement arrangements for employees to enroll in the individual market or in short-term plans beginning in the 2020 plan year.

June 10, 2019 | Daily News

The Democratic-led House on Friday (June 7) filed a ‘friend of the court’ brief in a Maryland federal court supporting five cities and two individuals who claim the Trump administration illegally sabotaged the Affordable Care Act, despite pledging to “take care” to faithfully execute all laws.

June 07, 2019 | Daily News

U.S. District Judge Reed O’ Connor this week agreed with employer and individual plaintiffs in a class action suit against HHS that the Affordable Care Act’s contractive coverage mandate, and the accommodation designed by the Obama administration, violated the Religious Freedom Restoration Act.

June 07, 2019 | Daily News

New Hampshire told a federal judge Thursday (June 6) that imposing Medicaid work requirements and rolling back retroactive eligibility are “common-sense measures designed to provide medical assistance to eligible populations in a fiscally responsible and sustainable manner.”

June 07, 2019 | Daily News

Opioid maker Insys Therapeutics, which manufacturers fentanyl product Subsys, will plead guilty to five counts of mail fraud, pay millions in fines and pay to settle allegations that it violated the False Claims Act, the Department of Justice (DOJ) announced Wednesday (June 5).

June 06, 2019 | Daily News

As all eyes are on Oklahoma’s trial against drug maker Johnson & Johnson over its role in the opioid epidemic, the number of states filing charges against opioid makers is stacking up.

June 05, 2019 | Daily News

Hospitals cannot bring a legal challenge to the methodology used by CMS to estimate uncompensated care costs for the purpose of calculating Medicare disproportionate share hospital payments, a federal appeals court ruled Tuesday (June 4).

June 05, 2019 | Daily News

FDA officials celebrated a decision by a federal judge against a Florida-based stem cell drug manufacturer against which the agency had been seeking a permanent injunction for selling adulterated and misbranded products.

June 04, 2019 | Daily News

California Attorney General Xavier Becerra on Tuesday (June 4) filed a motion to immediately block the Trump administration’s rule that allows medical professions the right to refuse care due to religious or moral objections.

June 03, 2019 | Daily News

The Trump administration on Friday (May 31) filed its opening brief in the U.S. Court of Appeals for District of Columbia challenging a lower court decision to vacate key provisions of the Department of Labor’s final rule on association health plans (AHPs).

June 03, 2019 | Daily News

The Supreme Court on Monday (June 3) struck down a CMS payment policy from fiscal 2012 that cut Medicare reimbursements to hospitals serving large numbers of low-income patients. The court ruled 7-to-1 that the CMS policy was invalid because the agency put it in place without conducting notice-and-comment rulemaking.

May 29, 2019 | Daily News

The Department of Justice and the White House have yet to respond to a May 13 letter from five House committee chairs who are seeking background material and other information on the administration’s decision to stop defending any part of the Affordable Care Act in the high-profile Texas v. Azar case, congressional aides confirm.

May 28, 2019 | Daily News

The Trump administration’s decision to stop defending any parts of the Affordable Care Act in Texas v. Azar may bolster a separate lawsuit filed by several cities that point to a wide range of regulatory and other actions to argue the president is failing to abide by his constitutional duty to take care that the country’s laws are faithfully executed.

May 24, 2019 | Daily News

The Oklahoma Supreme Court is preparing to weigh in on the validity of a proposed ballot measure that seeks to expand Medicaid in Oklahoma, and the legal fight turns on a question raised by a well-known bit of mathematical minutia in the Affordable Care Act: whether the Medicaid expansion eligibility ceiling is best understood as 133% of the federal poverty level or 138% of the federal poverty level.

May 23, 2019 | Daily News

The Kentucky Hospital Association is siding with Kentucky and CMS in the lawsuit challenging the state’s proposed Medicaid work requirements--a rare example of the hospital industry endorsing work requirements as a condition for maintaining health coverage.

May 23, 2019 | Daily News

The Fifth Circuit Court of Appeals announced Wednesday that it will hear oral arguments in the high-prolife lawsuit over the Affordable Care Act, Texas v. Azar, on July 9.

May 21, 2019 | Daily News

Federal DC District Judge Richard Leon again said from the bench that he supported the Trump administration’s expansion of short-term plans and sympathized with the Department of Treasury’s argument that the plaintiffs are playing politics in the courtroom.

May 20, 2019 | Daily News

The Supreme Court punted back to the lower court the Merck Sharp & Dohme Corp. v. Albrecht case, which focuses on whether Fosamax maker Merck should be held liable for injury to consumers even though FDA rejected the company’s proposal to include warnings on its drug label.

May 16, 2019 | Daily News

Nine home health workers and two unions are seeking to intervene in a new lawsuit challenging a final rule from CMS that bars states from deducting union dues from the wages of home health workers who are paid by Medicaid.

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