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Affordable Care Act: Hobby Lobby Decision Limits Contraception Requirement

As widely reported, on June 30th, the United States Supreme Court held in Burwell v. Hobby Lobby Stores that certain methods of contraception under the preventive health services requirements of the Patient Protection and...more

Would Hobby Lobby Stores, Inc. Have A Stronger Case As A Flexible Purpose Corporation?

Steve Hazen alerted me to the fact that California Attorney General Kamala D. Harris has filed an amicus brief in Sebelius v. Hobby Lobby Stores, Inc., U.S. Supreme Court Docket No. 13-354. The question presented in that...more

Religious Institutions Update: October 2013

The legitimacy of political speech from the pulpit is much debated. Some contend that religious institutions should be silent, because of separation of church and state or the inaccessibility of divine inspiration to...more

Must Christian For-Profit Companies Comply With the HHS Mandate?

Christian for-profit companies may object to providing insurance covering contraceptive, sterilization, or abortifacient services based on the religious beliefs of their owners. Five recent cases test whether the HHS mandate...more

Closure of Stark Whole Hospital Exception Survives Court Challenge

On August 16, 2012, the United States Court of Appeals for the Fifth Circuit dismissed a challenge to the constitutionality of the Affordable Care Act ("ACA") provision that effectively eliminates the "whole hospital"...more

Il caso dell'Ospedale di Hinchingbrook - Commento di Nicola C. Salerno (Direttore del CeRM)

L’esperienza del Regno Unito va, a mio modo di vedere, letta su di un piano di principi d’azione, che poi possono essere implementati in maniera diversa a seconda della realtà Paese, e anche della...more

Noerr-Pennington Immunizes Hospital From Antitrust Liability For Lobbying Campaign Against Competitor

The Noerr-Pennington doctrine, which protects the First Amendment right to petition the government, has traditionally been used to shield lobbying activity from antitrust liability, even when such activity’s intent is to...more

Health Headlines - April 11, 2011

In This Issue: - Rates of Hospital-Acquired Conditions Available on CMS’s Hospital Compare Website - District Court Rejects Constitutional Challenges to PPACA Brought By Physician Owned Hospitals - HHS...more

Stop Those Audits! Court Concludes NYS Comptroller Lacks Authority To Audit Out-Of-Network Medical Providers

In our December 2009 Alert, we wrote about the New York Comptroller’s State-wide practice of auditing financial records of out-of-network providers that treat individuals insured by the State’s Empire Plan as the basis for...more

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