News & Analysis as of September 20, 2024

Supreme Court of the United States › Patient Protection and Affordable Care Act (PPACA)

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

60 Days After Loper: Health Care Impact of Chevron Deference's End

Baker Donelson on 8/29/2024

The Supreme Court of the United States issued its highly anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine on June 28, 2024. Foreshadowed by decisions in recent years slighting Chevron, it...more

Regulatory Uncertainty: Benefits-Related Legal Challenges in a Post-Chevron World — Troutman Pepper Podcast

Troutman Pepper on 8/22/2024

In this installment of our Employee Benefits and Executive Compensation podcast series, Troutman Pepper Partners Jim Earle, Lynne Wakefield, and Lydia Parker discuss the impact of the Supreme Court’s decision in Loper Bright...more

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

Ballard Spahr LLP on 8/1/2024

Following the U.S. Supreme Court’s recent decision to overturn its landmark 1984 Chevron decision, three district courts have struck down provisions in nondiscrimination regulations under the Affordable Care Act that prohibit...more

What the Supreme Court's "Chevron Deference" Ruling Could Mean for Health Care Law

Baker Donelson on 6/26/2024

Baker Donelson recently published Anticipating SCOTUS Ruling on Chevron Deference – What to Know and Five Ways to Prepare explaining the United States Supreme Court's upcoming ruling which is expected to impact the regulatory...more

Gender-Affirming Care Remains a Hot Topic in 2024

Bass, Berry & Sims PLC on 5/17/2024

Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that issue:...more

Early Returns Podcast with Jan Baran: The Honorable Thomas Griffith – Judiciously Ruling in the Face of Politics

Holtzman Vogel Baran Torchinsky & Josefiak on 4/24/2023

It appears that policy changes are being resolved in the courts, and most specifically at the Supreme Court. If we look at recent court decisions involving abortion, the Affordable Care Act, Environmental Protection Act and...more

Proposed Rules Expand Access to Contraceptive Care as a Preventive Service

Snell & Wilmer on 2/23/2023

On January 30, 2023, the Departments of Health and Human Services, Treasury, and Labor (collectively “the Departments”) issued proposed rules entitled “Coverage of Certain Preventive Services under the Affordable Care Act”...more

Proposed Universal Contraceptive Coverage in Response to Roe Reversal

McDermott Will & Emery on 2/9/2023

The US Departments of Health and Human Services, Labor and Treasury (the Departments) recently issued a proposed rule (the proposed rule) to eliminate a moral exemption to the Affordable Care Act (ACA) contraceptive mandate...more

SCOTUS will review religious accommodation standard

Constangy, Brooks, Smith & Prophete, LLP on 1/27/2023

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

Affordable Care Act Battle Rages On: Fourth Circuit Holds Individual Mandate Is a Tax in Bankruptcy

Rosenberg Martin Greenberg LLP on 1/25/2023

As originally enacted, the Affordable Care Act (“ACA”) required most people to maintain health insurance. Those who did not maintain the required insurance were obligated to pay a “shared responsibility payment” (“SRP”),...more

District Court Holds Third-Party Administrator Violated ACA’s Anti-Discrimination Rules by Administering Self-Insured Plan’s...

Proskauer - Employee Benefits & Executive... on 1/5/2023

On the heels of several recent court decisions concerning gender-affirming care, a federal district court in Washington concluded that the denial of benefits for gender-affirming care by a third-party administrator (“TPA”)...more

Court Holds NC State Health Plan Constitutes “Health Program or Activity,” Granting Summary Judgment for Transgender Plaintiffs...

ArentFox Schiff on 12/14/2022

On December 5, 2022, the US District Court for the Middle District of North Carolina held that the North Carolina State Health Plan (NCSHP) constitutes a “Health Program or Activity” under the Affordable Care Act (ACA). In so...more

Emotional Distress Monetary Damages Section 504 Claims Allowed by Supreme Court

Tucker Arensberg, P.C. on 10/21/2022

In Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (April 28, 2022) (U.S. Supreme Court) concludes that damages for emotional distress are not recoverable under the Rehabilitation Act of 1973 and the...more

What’s Old Is New Again: HHS Proposes to Reinstate and Expand Transgender Nondiscrimination Rules

Snell & Wilmer on 9/2/2022

Since it was enacted in 2010, Section 1557 of the Affordable Care Act (“Section 1557”) has prohibited discrimination in covered health programs and activities on the basis of race, color, national origin, age, disability, or...more

Two Recent Health and Welfare Cases Provide Important ERISA Reminders

Foley & Lardner LLP on 8/17/2022

We usually focus most on significant ERISA court decisions, particularly those from the Supreme Court, that clarify important open legal issues under ERISA. However, some ERISA court decisions simply serve as important...more

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Pillsbury - Policyholder Pulse blog on 8/1/2022

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to...more

HHS Issues Guidance to Pharmacies Regarding Access to Reproductive Health Care

King & Spalding on 8/1/2022

Following President Biden’s Executive Order on ensuring access to reproductive health care, on July 13, 2022, HHS issued guidance to U.S. retail pharmacies regarding their obligations under federal civil rights laws. This...more

Employer Provided Travel Benefits in Response to Dobbs and State Prohibitions on Abortion

Schwabe, Williamson & Wyatt PC on 7/22/2022

The implications of the United States Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization that overturned Roe v. Wade’s constitutional right to abortion have had sweeping implications that affect...more

SCOTUS: Emotional distress damages not recoverable under certain anti-discrimination statutes

McAfee & Taft on 7/20/2022

Congress has passed many laws that prohibit discrimination in many ways. Four of those statutes were passed pursuant to Congress’s authority under the Spending Clause in the U.S. Constitution....more

Post-Dobbs Abortion-Related Travel Benefits: Surveying Employers’ Options

Mintz - Employment Viewpoints on 7/14/2022

In a previous post, we reported on the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization which reversed Roe v. Wade, and renders a woman’s right to make decisions regarding, and seek medical treatment...more

Cozen Currents: The Narrowing Legislative Window

Cozen O'Connor on 7/13/2022

The Cozen Lens- •Democrats all share the same goal of trying to maintain as many seats in Congress as possible, but how they should go about doing so depends on who you ask. •Meanwhile, Republicans are poised to retake...more

Agencies Heed President’s Call to Take Action to Protect Access to Sexual and Reproductive Health Care Post-Dobbs

Verrill on 7/11/2022

Within days of the Supreme Court’s June 24th Dobbs decision, which held that the Constitution does not guarantee the right to an abortion, key government agencies have taken action to protect access to sexual and reproductive...more

Post-Dobbs – Government Agencies Seek to Provide Guidance

Mintz - Employment Viewpoints on 7/8/2022

In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization to overturn Roe v. Wade, consumers, providers and insurers alike have been left with many questions about how Dobbs impacts abortion...more

Employer-Paid Travel Assistance for Interstate Abortion Access

Lowenstein Sandler LLP on 6/30/2022

Last week, the U.S. Supreme Court officially overturned Roe v. Wade in its consequential decision, Dobbs v. Jackson Women’s Health Organization. With federal protection for abortion now dissolved, many employers are...more

Medical Travel Reimbursement Benefits Under the Supreme Court’s New Dobbs Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/24/2022

On June 24, 2022, the Supreme Court of the United States issued its highly anticipated decision in Dobbs v. Jackson Women’s Health Organization, No. 19-1392. The Dobbs decision expressly overrules the two key precedents that...more

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Supreme Court of the United States › Patient Protection and Affordable Care Act (PPACA)

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