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The Courts

May 27, 2015 | Daily News

The American Hospital Association is suing CMS again over the pay cut included with the two-midnights hospital admissions policy, as the hospitals say that CMS cannot cut hospital payments in fiscal 2015 by incorporating arbitrary cuts from the previous year.

May 14, 2015 | Daily News

CMS will hold a two-day meeting at the end of July where state-based exchange leaders will have an opportunity to talk with their federal partners about ways to ensure the marketplaces’ long-term financial stability, a state source said Wednesday (May 13).

May 14, 2015 | Daily News

Separating eligibility determinations from the rest of state health insurance exchange functions could be the future of marketplace operations, exchange experts said this week at a National Health Insurance Exchange Summit.

May 14, 2015 | Daily News

Seventeen states that use the federal marketplace in full or as a partnership exchange have said they would reopen rate filings for health insurance plans after May 15 if the U.S. Supreme Court rules in favor against the administration in King v. Burwell and pulls subsidies from those in federally run exchanges, a Blue Cross Blue Shield Association official said Wednesday (May 13).

April 27, 2015 | Daily News

Some opponents of the Affordable Care Act were elated on Monday (April 27) by a court ruling that brought them a step forward in their fight against the contraception mandate, as a separate decision last week dismissed claims that the health reform law's individual and employer mandates are not valid because the law was improperly drafted.

April 10, 2015 | Daily News

States cannot limit the work of navigators and other consumer assisters who help people enroll in health insurance through the Affordable Care Act's exchanges, a federal appeals court ruled Friday (April 10) in Missouri v. St. Louis Effort for AIDS.

April 06, 2015 | Daily News

As Republicans begin rolling out their efforts to repeal and replace the Affordable Care Act this year, congressional committee staffers say the insurance industry is warming to the idea of overturning the individual mandate -- a major component of GOP health reform outlines pitched so far.

April 02, 2015 | Daily News

The lawyer who represented the board in North Carolina Board of Dental Examiners v. Federal Trade Commission said many boards, including those that oversee medical practices, may have to change their composition in order to comply with federal antitrust laws.

March 31, 2015 | Daily News

The Supreme Court ruled Tuesday (March 31) that providers can't sue states over Medicaid rates, in part because HHS handles rate setting and the law on rate setting is too broad for federal courts to take up.

March 17, 2015 | Daily News

The House GOP budget unveiled Tuesday would allow congressional Republicans to repeal and replace the Affordable Care Act using Congressional Budget Office assumptions from January 2015, and to essentially ignore new numbers CBO would come out with if the Supreme Court rules that ACA subsidies cannot flow through the federal exchanges, according to a budget expert.

March 12, 2015 | Daily News

Health insurers are working on their own contingency plans in preparation for a potentially disastrous U.S. Supreme Court ruling in King v. Burwell, while the Obama administration has more regulatory options that would help mitigate effects of an insurance “death spiral” than HHS Secretary Sylvia Burwell and other officials are publicly willing to admit, industry leaders said Thursday (March 12).

March 12, 2015 | Daily News

U.S. Supreme Court Associate Justice Samuel Alito’s comments suggesting the possibility of a several-month delay in pulling subsidies should the plaintifs win in King v. Burwell was the “most surprising” part of the case’s oral arguments last week, University of Michigan assistant law professor Nick Bagley said during a heated panel discussion between prominent supporters and opponents of the Affordable Care Act on Wednesday (March 11).

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.