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The Courts

February 26, 2019 | Daily News

Ten newly elected Democratic governors warned HHS that they would sue unless the administration rescinds the so-called ‘gag rule” that restricts Title X funding to facilities that either perform abortions or refer patients for abortions.

February 20, 2019 | Daily News

The National Home Infusion Association is asking the federal DC district court to make CMS withdraw and rework its final rule setting interim home infusion payments, in a lawsuit filed Feb. 14.

February 19, 2019 | Daily News

In a win for generic drug makers, the Supreme Court on Tuesday (Feb. 19) left in place a lower court ruling that struck a Maryland law against generic drug price gouging.

February 17, 2019 | Daily News

The U.S. Court of Federal Claims handed issuers major wins in four cost-sharing reduction (CSR) cases, including a class action suit brought by Wisconsin’s Common Ground Health Cooperative in which Judge Margaret Sweeney ruled that the government is responsible for reimbursing plans unpaid CSRs in 2017 as well as in 2018, despite the silver-loading workaround. Sweeney issued that decision on Friday (Feb. 15), the same day she ruled in favor of Texas non-profit Community Health Choices and Maine Community Health Options.

February 15, 2019 | Daily News

The insurance industry notched a win Friday with a federal judge ruling that the Trump administration violated the Affordable Care Act and breached an implied contract when it cut off cost-sharing reduction payments and is responsible for reimbursing Texas non-profit plan Community Health Choices, Inc. (CHC) for not only the fourth quarter of 2017, but also for 2018, despite the silver-loading workaround that resulted in higher premium tax credits.

February 15, 2019 | Daily News

Hospitals that sued CMS over cuts to reimbursement for 340B drugs are asking the court to make CMS recalculate payments to make up for those cuts, but the government says that would require all hospital outpatient payments be recalculated in order to keep the pay system budget neutral and tells the court to let CMS figure out how to fix the situation.

February 15, 2019 | Daily News

Hospitals are asking a federal court to give CMS 30 days to scrap its plans to continue lower reimbursement for 340B drugs in 2019, as the court already found the 2018 pay cuts beyond the scope of the agency’s authority.

February 15, 2019 | Daily News

The federal judge overseeing two lawsuits challenging Medicaid work requirements scheduled back-to-back hearings in the cases for March 14.

February 14, 2019 | Daily News

The Fifth Circuit Court of Appeals on Thursday (Feb. 14) decided to let the Democratic-led House intervene in 19 GOP-led states’ controversial challenge to the Affordable Care Act, Texas v. Azar, and said four additional states can join the 17 Democratic attorneys general who are already party to the case.

February 14, 2019 | Daily News

Sen. Brian Schatz (D-HI) and Rep. Ben Ray Lujan (D-NM), along with 61 Democratic co-sponsors, reintroduced legislation to let anyone not currently eligible for Medicaid to buy into the program or leverage it to enhance their coverage in the individual market.

February 10, 2019 | Daily News

The Department of Justice on Friday (Feb. 8) asked the Fifth Circuit Court of Appeals to reject a request by the Democratic-led House to intervene in Texas v. Azar to defend the Affordable Care Act.

February 06, 2019 | Daily News

The Idaho Supreme Court on Tuesday (Feb. 5) upheld the state’s voter-approved Medicaid expansion, rejecting a lawsuit from a conservative group that argued the ballot measure delegated too much power to the federal government.

February 05, 2019 | Daily News

Maine Community Health Options (MCHO), one of dozens of issuers that sued the government over its failure to pay about $12 billion in risk corridor payments owed to industry, has officially asked the Supreme Court to review the Federal Circuit appeals court’s decision in favor of the administration.

February 01, 2019 | Daily News

Republican lawmakers in Utah are trying to fast-track a bill that would undo the Medicaid expansion that the state’s voters approved in November and replace it with a more limited expansion proposal containing work requirements and spending caps.

February 01, 2019 | Daily News

A federal district court Friday (Feb. 1) dismissed Maryland Attorney General Brian Frosh’s lawsuit against the administration’s attacks on the Affordable Care Act due to lack of standing.

February 01, 2019 | Daily News

Attorneys general from Colorado, Iowa, Michigan and Nevada on Thursday (Jan. 31) filed a motion to join 17 other Democratic attorneys general as defendants in the high-profile lawsuit that, if upheld, would invalidate the Affordable Care Act.

January 31, 2019 | Daily News

The House Energy & Commerce Committee announced that for the first time it will hold a hearing on the controversial case to undo the Affordable Care Act.

January 29, 2019 | Daily News

The parties appealing Texas U.S. District Judge Reed O’Connor’s ruling in the high-profile challenge to the Affordable Care Act now have until Feb. 8 to respond to House Democrats’ motion to intervene at the U.S. Court of Appeals for the Fifth Circuit.

January 25, 2019 | Daily News

Philadelphia on Friday (Jan. 25) signed onto the multi-city lawsuit that alleges the administration violated the Constitution’s “take care” clause by acting to undermine the Affordable Care Act.

January 25, 2019 | Daily News

Officials with Families USA wrote in a Health Affairs blog Thursday (Jan. 24) that CMS needs to rewrite the objective of Medicaid to successfully respond to legal challenges to Medicaid work requirements, as advocates for those suing over the requirements say the coverage losses in Arkansas, and expected losses in Kentucky, show that the waivers do not further the point of the program.

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