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The Courts

June 15, 2020 | Daily News

The Supreme Court’s 6-3 ruling in Brockton v. Clayton County that discrimination on the basis of sex extends to gender identity and sexual orientation under Title VII of the Civil Rights law pertaining to employment will at the very least bolster the various lawsuits that transgender and other advocates have pledged over HHS’ non-discrimination rule released Friday (June 12), legal sources say.

June 10, 2020 | Daily News

The Federal Communications Commission wants to slap a record $225 million fine on two Texas-based health insurance telemarketers that allegedly ran a massive marketing campaign using “spoofed” calls from well-known insurers in an attempt to sell short-term, limited duration health plans.

June 10, 2020 | Daily News

A federal judge ruled Monday (June 8) that AbbVie did not violate antitrust law by filing more than 100 similar patents for its top-selling drug Humira.

June 05, 2020 | Daily News

The Association of American Physicians and Surgeons has sued FDA alleging the agency impeded COVID-19 patients’ access to hydroxychloroquine by placing “arbitrary, irrational, and unjustifiable limitations” on distribution and use of the drug through the agency’s Emergency Use Authorization.

June 03, 2020 | Daily News

A federal appeals court is grappling with whether states are required to reimburse Medicaid managed care plans for a controversial Obamacare tax -- and, if they aren’t, whether the federal government must pay back nearly $500 million to six states that challenged the regulatory regime surrounding the tax.

May 28, 2020 | Daily News

Per a U.S. district court order, FDA has pushed back the date by which all cigarette packages and advertisements must bear new textual warning label statements and color graphics that depict the negative health consequences of smoking.

May 27, 2020 | Daily News

Hospitals that were underpaid by Medicare in fiscal 2014 through 2016 are not entitled to precise refunds because CMS’ alternative remedy -- a one-time, across-the-board rate increase in 2017 that was meant to roughly offset the previous underpayments -- was reasonable, a federal appeals court ruled Tuesday (May 26).

May 26, 2020 | Daily News

CMS on Friday (May 22) appealed a federal judge’s ruling that said Medicare beneficiaries who are initially admitted as hospital inpatients have a constitutional right to challenge the hospital’s subsequent decision to place them under observation.

May 20, 2020 | Daily News

A federal appeals court on Wednesday (May 20) upheld a lower-court ruling that invalidated New Hampshire’s plan to add work requirements to its Medicaid program -- a development that was expected based on an earlier appellate ruling against work requirements in Arkansas.

May 18, 2020 | Daily News

A federal judge in New York is mulling whether to temporarily halt the Trump administration’s so-called public charge rule in light of evidence that the rule is deterring immigrants from seeking medical care during the coronavirus crisis.

May 14, 2020 | Daily News

Health care experts and stakeholders across the ideological spectrum have filed more than two dozen amici or “friend of the court” briefs urging the Supreme Court to rule the Affordable Care Act’s individual mandate valid or at the very least to find that if the mandate is illegal it can be clearly severed from the rest of the law.

May 13, 2020 | Daily News

The Department of Justice is asking the Federal Court of Claims for more time to consider its next steps in the dozens of cases over the Affordable Care Act’s risk corridor program after the Supreme Court ruled 8-1 in Maine Community Health Options v. USA that the government is obligated to pay the $12 billion or so owed to insurers in that case.

May 08, 2020 | Daily News

Two federal appellate judges on Friday (May 8) expressed reluctance to second-guess the Trump administration’s restrictive public charge rule, which penalizes legal immigrants who rely on Medicaid or other supplemental benefits.

May 07, 2020 | Daily News

After hearing arguments on the validity of CMS’ price transparency rule for hospitals, a federal judge said Thursday (May 7) he plans to rule quickly but gave no indication of which way he was leaning.

May 06, 2020 | Daily News

The Affordable Care Act’s contraceptive mandate returned to the Supreme Court for the third time Wednesday (May 6) as the justices yet again tackled -- without reaching any apparent consensus -- the hot-button question of how to balance the religious rights of employers against the rights of women employees to access birth control.

April 30, 2020 | Daily News

CMS’ wide-ranging interim final rule out Thursday (April 30) delays until Aug. 26 a Trump administration requirement that plans separately bill enrollees for the portion of premiums attributable to non-Hyde abortion services.

April 30, 2020 | Daily News

A federal appeals court should revive a controversial overpayment rule in Medicare Advantage because, without the rule in place, CMS has limited ability to stop MA plans from engaging in one-sided medical reviews that artificially inflate their payments, the agency says in a recent legal brief.

April 29, 2020 | Daily News

Watchdog groups say the White House’s new executive order that invokes the Defense Production Act to keep meat processing plants open during the COVID-19 public health emergency prioritizes corporations over employee safety and effectively takes away the ability for workers to sue if they contract the disease at work.

April 27, 2020 | Daily News

The government must pay insurers money owned under the Affordable Care Act’s risk corridor program, the Supreme Court ruled Monday (April 27), which could lead to issuers getting about $12 billion.

April 27, 2020 | Daily News

The Supreme Court will not suspend the so-called public charge rule during the coronavirus pandemic, but it left open the possibility for opponents of the rule to ask lower-court judges to temporarily halt the rule.