The Courts

The Department of Justice on Wednesday (Dec. 26) asked a federal district court to pause proceedings in the ongoing case over association health plans (AHPs) due to the government shutdown.

A federal judge in Maryland is now weighing whether to grant the Department of Justice’s request to dismiss Maryland Attorney General Brian Frosh’s lawsuit asking the court to declare the Affordable Care Act constitutional following oral arguments held Wednesday (Dec. 19).

The high-profile case in Texas over the future of the Affordable Care Act continues to move at a fast clip with U.S. District Judge Reed O’Connor agreeing Tuesday (Dec. 18) to consider Democratic attorneys general request that he formally clarify or stay his initial ruling in which he stated that the entire ACA is unconstitutional, and he asked the plaintiffs and Department of Justice to weigh in by Dec. 21.

CMS on Sunday (Dec. 16) sent an email to stakeholders clarifying that the Center for Medicare and Medicaid Innovation’s work will continue unchanged while Texas v. Azar continues moving through the courts, and the demonstrations run through the Affordable Care Act-created center will keep going as well.

Senate Democrats are seizing the opportunity to pressure their Republican colleagues to intervene after a Texas federal district court judge ruled to overturn the entirety of the Affordable Care Act, a move that could cause a split among the GOP as lawmakers choose between defending the health law and siding with the Trump administration.

The White House cheered the Texas federal district court's decision late Friday to toss out the entire Affordable Care Act along with the individual mandate as Democrats and key healthcare stakeholders blasted the ruling, but all parties noted the law will remain in effect pending appeal. California Attorney General Xavier Becerra immediately announced he would appeal Judge Reed O'Conner's sweeping ruling.

CMS issued a final rule on 2018 risk adjustment methodology that explains the agency’s reasoning for running the program in a budget-neutral manner and responds to an ongoing court case that challenges the agency’s decision-making.

House Democratic leaders are telling the federal DC district court that the Trump administration’s final rule that changed the definition of an employer in order to promote the creation of more association health plans (AHPs) conflicts with text, structure and history of the Affordable Care Act and should be thrown out.

The Republican-controlled Wisconsin legislature, in an unusual all-night session, hurriedly passed legislation designed to prevent the incoming Democratic governor and attorney general from changing the state’s position on two controversial health care issues.