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The Courts

March 11, 2015 | Daily News

Stakeholders who are hopeful the Supreme Court will rule IRS overstepped its boundaries in allowing exchange subsidies to flow through Healthcare.gov back up their view by pointing to a 2012 letter that a group of state health reform officials sent to HHS as proof that, despite what 23 state Attorneys General claim, there were serious questions surrounding HHS' authority to run an exchange.

March 10, 2015 | Daily News

The U.S. Supreme Court’s long-held belief that a statute says what it means and means what it says -- no matter its drafting history -- could spell trouble for the Obama administration’s case to keep the Affordable Care Act intact.

March 10, 2015 | Daily News

A former administration official and former Senate finance staffer both see merit in a proposal floated by web-broker eHealth that would allow states to certify and rely upon private exchanges to enroll consumers into health plans should the Supreme Court rule that subsidies cannot flow through the federal exchange.

March 06, 2015 | Daily News

An exchange between two U.S. Supreme Court justices and the defense attorney during oral arguments in the King v. Burwell lawsuit Wednesday (March 4) prompted speculation that a long-cited court precedent granting federal agencies flexibility in interpreting statutes might no longer be stable ground for the Obama administration to make its case.

March 05, 2015 | Daily News

In the course of oral arguments in King v. Burwell at the U.S. Supreme Court on Wednesday (March 4), justices and lawyers alike suggested past litigation that could serve as precedents in shaping how the high court ultimately rules.

March 05, 2015 | Daily News

A Supreme Court ruling late last month against the North Carolina Board of Dental Examiners could expand scope of practice for others in the health industry, including nurse practitioners, whose activities have limited by such boards, stakeholders say.

March 04, 2015 | Daily News

U.S. Supreme Court Justice Anthony Kennedy suggested Wednesday (March 4) that it would be a drastic step for the high court to say that the Internal Revenue Service can make its own call on how to distribute billions of dollars in federal funds to subsidize health insurance premiums, if the justices do end up deciding that language at the core of the Affordable Care Act's greatest legal threat is ambiguous.

March 04, 2015 | Daily News

Several congressional Democrats, health stakeholders and consumer advocates expressed optimism following Wednesday's Supreme Court oral arguments in the high-profile case on whether the IRS can provide the ACA's premium tax credits to those insured through federal exchanges.

March 03, 2015 | Daily News

A Republican House aide tells Inside Health Policy that House Republicans' fix to a potential Supreme Court ruling to end premium subsidies for those insured by the federal exchange would not cap employer-sponsored subsidies to offset the costs of the GOP plan to offer advance-able, refundable tax credits, but instead would pay for the credits with “savings from the eliminated subsidies.”

March 03, 2015 | Daily News

Congressional Democrats pitched a last-minute defense of the Affordable Care Act Tuesday (March 3) as President Obama's signature law again heads to the U.S. Supreme Court, this time for oral arguments in King v. Burwell, while at the same time key members of the GOP raced to put forth viable solutions should the court rule that subsidies cannot flow through the federal exchanges -- a result that the GOP is hoping for, but which could cause significant political fallout.

March 03, 2015 | Daily News

Hospitals and the National Rural Health Association backed the Health Resources and Services Administration's interpretation of orphan drug discounts in the 340B program in court, telling the federal district court judge in recently submitted briefs that striking down HRSA's latest 340B orphan drug rule could be devastating for rural hospitals.

February 27, 2015 | Daily News

Jay Angoff, who was the administration’s first chief of the ACA implementation office, tells Inside Health Policy that while during his tenure many HHS officials clearly wanted states to establish their own exchanges, there was never an indication that subsidies would not be available through the federal exchange.

February 26, 2015 | Daily News

HHS Secretary Sylvia Burwell denied knowledge of an alleged document outlining post-King contingency plans, after a key GOP lawmaker told her Thursday morning that a department official informed him of a hundred-or-so page report circulating among top HHS officials that details actions the Obama administration could take if the U.S. Supreme Court rules against it in King v. Burwell.

February 25, 2015 | Daily News

Senate Finance Chair Orrin Hatch (R-UT) on Wednesday asked CMS Administrator Marilyn Tavenner to explain why the agency put a clause in its contracts with Healthcare.gov issuers last fall giving them an option to pull out if federal subsidies come to an end, suggesting the move contradicts HHS' assertion that it has no back-up plan should the U.S. Supreme Court rule that subsidies can't flow through federally facilitated exchanges.

February 24, 2015 | Daily News

HHS should take proactive steps to prepare for the potential fallout of a King loss by allowing qualified health plan (QHP) issuers to either submit two rate filings during the initial submission window -- one with assumptions based on subsidies and one without -- or to revise their rates after the May 15 deadline, the American Academy of Actuaries says in a letter sent to HHS Tuesday (Feb. 24).

February 18, 2015 | Daily News

Senate Finance Republicans are the latest to press a mum administration on how it would deal with the fallout if the Supreme Court rules that subsidies cannot flow through exchanges established by the federal government, coming as GOP lawmakers and stakeholders increasingly focus on potential legislative and administrative fixes should such a ruling surface.

January 29, 2015 | Daily News

A federal judge, in a D.C. Circuit Court memorandum opinion unsealed last week, ruled that the Hatch-Waxman Act gives drug makers the right to choose which listed drugs they reference in 505(b)(2) applications but that FDA can look at data on similar drugs without requiring the applicants to reference relevant patents for those drugs.

January 28, 2015 | Daily News

House Energy and Commerce Republicans on Wednesday (Jan. 28) asked HHS to hand over any communications and documents related to potential contingency plans should the Supreme Court rule against the administration in King v. Burwell, a decision that would eliminate subsidies for those who enrolled via Healthcare.gov.

January 28, 2015 | Daily News

Two current and former congressmen said Wednesday (Jan. 28) that a U.S. Supreme Court ruling to make subsidies unavailable through the federal health insurance exchange in King v. Burwell would go against the way they wrote the law and their intent to provide health insurance to all Americans.

January 27, 2015 | Daily News

Since the Affordable Care Act's passage, opponents have turned to the court system to challenge the legality of its mandates, clauses, subsidies and effects on congressional authority, with many lawsuits pending in addition to the high-profile Supreme Court suit on whether subsidies are available in federally facilitated exchanges.

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