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The Courts

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.

May 14, 2019 | Daily News


Five House committee chairs stepped up pressure on the Department of Justice and the White House counsel to hand over documents showing why the administration recently shifted positions in Texas v. Azar and is now calling on the courts to scrap the entire Affordable Care Act, warning lawmakers  may issue a subpoena if the administration  doesn't provide documents and a transcribed interview of Acting Office of Management and Budget Director Russ Vought by May 24.

May 14, 2019 | Daily News

Hospitals are asking the federal D.C. district court to make CMS propose a way to fix 340B pay rates by June 28 to ensure that the agency doesn’t cut hospitals’ reimbursement for 340B drugs in the 2020 outpatient pay rule.

May 13, 2019 | Daily News

The attorneys general for five states filed a lawsuit against the Trump administration on Monday (May 13) over a final rule issued earlier this month that repeals an Obama-era rule allowing union dues to be deducted from Medicaid payments made to independent home health workers.

May 07, 2019 | Daily News

A federal D.C. district court judge is giving CMS the “first crack at crafting appropriate remedial measures” to fix the cut to hospitals’ pay for 340B drugs included in both the 2018 pay rule and the 2019 rule, as the court on Monday (May 6) said CMS did not have authority to put forward the cuts in either regulation.

May 03, 2019 | Daily News

Federal D.C. District Court Judge Richard Leon will hear arguments on May 21 in the ongoing lawsuit to overturn the Trump administration’s expansion of short-term health plans.

May 02, 2019 | Daily News

CMS on Thursday (May 2) finalized its repeal of an Obama-era regulation that allowed union dues to be deducted from Medicaid payments made to independent home health workers.

May 02, 2019 | Daily News

The Trump administration late Wednesday (May 1) told a federal appeals court it agrees with a district judge’s ruling that the entire health care law is invalid, yet also asked the court to retain certain ACA provisions the administration claims would not harm the plaintiffs, including updates to Medicare fraud laws – a move that left key legal experts scratching their heads.

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