The Courts

The Fourth Circuit Court of Appeals last week blocked HHS from implementing the so-called “gag” rule that bars Title X entities from educating patients about abortion, but the court decision applies only in Maryland and Planned Parenthood says Congress must act to reverse the Trump administration rule.

The insurers and patient groups who claim the Trump administration’s rule promoting longer-duration short-term insurance plans undermines the Affordable Care Act are asking a full federal appeals court to review last month’s 2-1 appeals court decision in favor of the administration.

The Supreme Court expanded the amount of time for oral arguments on Nov. 10 in the case over the future of the Affordable Care Act, laying out the time slots in an order issued Monday (Aug. 24).

A federal judge on Monday (Aug. 17) temporarily blocked a Trump administration rule to roll back protections for transgender individuals a day before it was slated to take effect.

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.

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.

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.

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.

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.