The Courts

CMS opened a new public comment period Thursday (July 19) on Kentucky’s proposal to add work requirements and other new coverage restrictions to its Medicaid program -- a step the agency hopes will allay the concerns of a federal judge who blocked the proposal from taking effect last month.

The final version of the Trump administration’s long-awaited, controversial rule expanding short-term plans landed at the White House Office of Management and Budget for review on Wednesday (July 18) and could be released shortly.

House Ways & Means Chairman Kevin Brady (R-TX) said Tuesday (July 17) that he has been talking with HHS Secretary Alex Azar about possible ways to resume risk adjustment payments, but he has not yet decided by what means, and that he plans to bring a package of Affordable Care Act-related bills to the floor next week.

A federal appeals court dismissed hospitals’ lawsuit over cuts to Medicare reimbursement for 340B drugs, again saying the hospitals sued before they had been hurt by the policy.

Judge Reed O'Connor is asking all parties in Texas v. United States to respond by July 30 with any reasons to oppose the Department of Justice's request that the federal district court offer a summary judgment finding that the individual mandate is unconstitutional and must be thrown out along with protections for consumers with pre-existing conditions.

CMS Thursday released additional, largely technical, guidance to issuers in light of the New Mexico court's order to vacate the risk adjustment program, reiterating the 2017 payments and collections will be halted, but also noting the agency will still collect user fees from issuers for the plan year since they are not reliant on the budget-neutral methodology rejected by the court.

A lawyer familiar with Supreme Court nominee Brett Kavanaugh and his jurisprudence said the judge, should he be appointed to the high court, would avoid deferring automatically to FDA or other federal regulatory agencies on cases involving matters where Congress has not given clear instructions.

Democratic lawmakers and pro-ACA supporters immediately rallied to oppose President Donald Trump's nominee to the Supreme Court, Judge Brett Kavanaugh, due to concerns over his potential views on patients with preexisting conditions and women's health care, while conservatives had already voiced concerns that the federal DC appeals court judge might be too moderate on some health policy issues.

Democratic lawmakers and pro-ACA supporters immediately rallied to oppose President Donald Trump's nominee to the Supreme Court, Judge Brett Kavanaugh, due to concerns over his potential views on patients with preexisting conditions and women's health care, while conservatives had already voiced concerns that the federal DC appeals court judge might be too moderate on some health policy issues.