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The Courts

April 10, 2018 | Daily News

Kentucky Medicaid beneficiaries who are challenging work requirements in the state's program told a federal judge in Kentucky on Monday (April 9) that a lawsuit filed by the state against them is “an unprecedented assault on the right of its residents to access the courts.”

April 09, 2018 | Daily News

A group of 43 health care scholars and five groups that represent seniors and people with disabilities urged a federal judge Friday (April 6) to strike down Kentucky’s plan to impose Medicaid work requirements and other coverage restrictions.

April 09, 2018 | Daily News

California Attorney General Xavier Becerra along with Democratic attorneys general from 15 other states filed a motion to intervene in the GOP's most recent legal attempt to overturn the Affordable Care Act, telling a federal court in Texas that moving forward with the case filed by 20 GOP-led states earlier this year would cause irreparable harm.

April 03, 2018 | Daily News

Hospital groups asked a federal appeals court on Monday (April 2) to effectively mandate HHS increase pay for 340B hospitals in the 2019 outpatient pay rule to make up for what the group alleges are illegal cuts to Medicare reimbursement for 340B drugs in the 2018 version of the rule.

April 03, 2018 | Daily News

HHS is negotiating with officials in New York and Minnesota to resolve a lawsuit the states filed over the loss of funding for the states' basic health program (BHP) funding following the Trump administration's decision to end cost-sharing reduction payments, according to recent letter from the Department of Justice requesting the federal court extend a number of deadlines, including the pre-trial conference, for the case.

April 03, 2018 | Daily News

California Attorney General Xavier Becerra sued the largest hospital system in Northern California, Sutter Health, over alleged anti-competitive practices that he says have led to inpatient costs that are nearly double those in the southern part of the state. Becerra asks the California Superior Court in San Francisco to declare Sutter violated the state's antitrust law and to require the hospital system take specific actions to restore competition.

April 02, 2018 | Daily News

Lawyers for Kentucky Medicaid beneficiaries accused the Trump administration on Friday (March 30) of using Orwellian logic to justify its push for work requirements in Medicaid and asked a federal judge to undo what the lawyers called a “brazen effort to radically change Medicaid without action by Congress.”

April 02, 2018 | Daily News

The nation's leading patient advocates sued FDA last Tuesday (March 27) for delaying the date by which tobacco products must comply with the tobacco deeming rule, asking the federal district court in Maryland to vacate the agency's recently published guidance that sets out new compliance deadlines for certain tobacco products.

March 26, 2018 | Daily News

The Kentucky Hospital Association is joining Kentucky’s Republican governor in a lawsuit that asks a federal judge to validate the state’s Medicaid work requirements, and the group told Inside Health Policy that its support of the work requirements is part of a broader strategy to preserve Medicaid expansion in Kentucky.

March 22, 2018 | Daily News

A U.S. District Court judge has granted FDA’s motion to dismiss a lawsuit from consumer groups attempting to mandate a deadline by which FDA would need to decide whether to ban formaldehyde in keratin hair straighteners.

March 14, 2018 | Daily News

The White House Office of Management and Budget is reviewing a rule on fee-for-service Medicaid beneficiaries' access to care and exceptions in states that mostly use managed care, and a key beneficiary advocate who formerly worked at CMS said stakeholders are looking to find out whether the proposed rule codifies guidance released last fall or goes further.

March 05, 2018 | Daily News

The U.S. Court of Appeals for the District of Columbia is asking the parties involved in the initial case over the Affordable Care Act's cost-sharing reductions (CSRs) to further explain their reasons for asking the court to partially vacate the case.

March 05, 2018 | Daily News

The Patent Trial and Appeal Board's move late last month to shoot down a closely followed attempt by the Saint Regis Mohawk Tribe to assert sovereign immunity in a bid to keep the Restasis dry eye drug patents it acquired from Allergan out of the inter partes review process has sparked new debate over the board's authority to make such a determination and predictions the issue will ultimately land at the U.S. Supreme Court.

February 27, 2018 | Daily News

Twenty GOP-led states filed a suit in federal district court Monday (Feb. 26) seeking to block implementation of the Affordable Care Act now that the individual mandate penalty has been repealed.

February 26, 2018 | Daily News

Kentucky Medicaid beneficiaries who are suing the federal government over work requirements in the program are fighting the government's request to transfer the case from Washington, DC to a Republican-appointed judge in Kentucky.

February 26, 2018 | Daily News

A federal district judge has rejected a legal challenge to President Donald Trump's executive order (EO) directing HHS and other agencies to identify two existing rules for potential repeal in exchange for every new rule they issue, saying the plaintiffs failed to prove harm from the order -- but stopping short of dismissing the case entirely.

February 12, 2018 | Daily News

The Trump administration, in a reversal of previous GOP priorities, appears to call for legislation that would fully fund the Affordable Care Act's risk corridor program that ended in 2016.

February 08, 2018 | Daily News

The Pacific Legal Foundation has filed lawsuits on behalf of nine vape businesses and one nonprofit across three district courts, arguing that FDA's deeming rule violates the First Amendment and is constitutionally invalid because the FDA employee who issued the final rule was not legally authorized to do so.

February 07, 2018 | Daily News

A federal district court recent ruled that HHS did not act arbitrarily in setting the rules for the Affordable Care Act's risk adjustment program and thus denied a request from a Massachusetts-based health co-op for HHS to stop using its current methodology.

January 31, 2018 | Daily News

The recently filed lawsuit challenging numerous aspects of Kentucky's Medicaid 1115 waiver could have far-reaching effects on other states that are seeking similar waivers or have already enacted provisions like beneficiary premiums, the elimination of retroactive eligibility and the withdrawal of non-emergency medical transportation.