News & Analysis as of

Patient Access Abortion

Pullman & Comley, LLC

Is a Civil Rights Lawsuit by Private Parties a Means to Enforce a Federal Free Choice of Medicaid Provider Provision? A Spending...

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CASE AT A GLANCE - In 2018, Planned Parenthood South Atlantic (PPSAT) and one of its patients, Julie Edwards, sued the administrator of South Carolina’s Medicaid program to enforce the “free choice of Medicaid provider”...more

Proskauer - Proskauer For Good

The Reproductive Healthcare Landscape Two Years Post-Dobbs

Just before the 2024 U.S. Election, Proskauer’s Reproductive Rights Steering Committee hosted a panel discussion addressing the current state of reproductive rights two years post-Dobbs....more

Sands Anderson PC

New HIPAA Reproductive Health Rule Requires Compliance by December 23, 2024

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A new HIPAA rule that goes into effect on December 23, 2024 requires each healthcare provider (and other HIPAA covered entities and business associates) to implement new workflows, policies, and procedures in responding to...more

Quarles & Brady LLP

Uncertainty on Health Care Rules Amid Administration Change

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In recent months, several changes to healthcare rules regulations focusing on reproductive health care have been introduced. These include (1) privacy protections for reproductive health data under HIPAA, (2) expanding access...more

Vorys, Sater, Seymour and Pease LLP

Just Say No!  HIPAA and Requests for Reproductive Health Information

On April 22, 2024, the Office of Civil Rights issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (2024 Final Privacy Rule). Originally Published by the American Bar Association....more

Seyfarth Shaw LLP

Reproductive Health Care: A Future in Flux with the Next Administration

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Access to reproductive health care has been a part of the national debate for years, and even more so since 2022 when the US Supreme Court issued its ruling in Dobbs overturning decades of precedent established under Roe v....more

Epstein Becker & Green

Georgia & North Dakota: More State Judges Question the Constitutionality of Abortion Bans

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State courts continue to debate whether a state’s constitution recognizes a right to “liberty of privacy” or personal autonomy that would encompass the right to make personal health care decisions, including abortion....more

Holtzman Vogel Baran Torchinsky & Josefiak

Early Returns Podcast with Jan Baran - Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak...

A very unusual and historic week of political and legal events just preceded America’s Independence Day. The Supreme Court of the United States ended its term with pivotal decisions, including a number that affect former...more

Akerman LLP - Health Law Rx

What’s it to You? Justice Scalia’s 41-Year-Old Gatekeeping Question on “Standing” Influences Court to Uphold FDA’s Regulation of...

Mifepristone is safe for now. On June 13, 2024, the Supreme Court unanimously held that the plaintiffs — doctors and medical associations alike — lacked standing to challenge 2000 and 2019 FDA approvals of mifepristone (brand...more

Holland & Knight LLP

Supreme Court Abortion Pill Ruling Doesn't Challenge FDA's Authority

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The U.S. Supreme Court on June 13, 2024, unanimously ruled that plaintiffs did not have legal standing to challenge the U.S. Food and Drug Administration's (FDA) actions to establish dosing and availability requirements for...more

Fenwick & West LLP

SCOTUS Unanimously Preserves Access to Abortion Pill

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On Thursday, June 13, the Supreme Court maintained access to the abortion pill, mifepristone. This medication, in conjunction with misoprostol, was used in nearly two-thirds of all U.S. abortion and miscarriage treatments...more

Jenner & Block

Client Alert: Access to Mifepristone Still Standing for Now, but Questions Remain

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On Thursday morning, the Supreme Court issued its decision in FDA v. Alliance for Hippocratic Medicine. Justice Kavanaugh wrote for a unanimous Court dismissing the Alliance for Hippocratic Medicine from the case for lack of...more

Robinson+Cole Health Law Diagnosis

MA and CT Pave the Way for Emergency Contraception Vending Machines

State Law Permitting Dispensation of Emergency Contraception by Vending Machines - Legislation passed in 2022 in Massachusetts and in 2023 in Connecticut removes barriers for college students trying to obtain emergency...more

Jenner & Block

Client Alert: The Supreme Court Signals That Access to Mifepristone Will Likely Remain Safe for Now

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On March 26, 2024, the Supreme Court heard arguments in the two consolidated cases concerning access to mifepristone pending before the Court, FDA v. Alliance for Hippocratic Medicine, Case No. 23-235 and Danco Laboratories,...more

Seyfarth Shaw LLP

Employers Consider Post-Dobbs Playbook in Dealing with Alabama Ruling on IVF Treatments

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Seyfarth Synopsis: Last week, the Alabama Supreme Court ruled that cryogenically frozen embryos are children and are protected from destruction under state law. This is the latest in a series of post-Dobbs judicial rulings...more

Epstein Becker & Green

Abortion Rights to Be Codified in Ohio State Constitution

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On November 7, 2023, the citizens of the state of Ohio voted to codify reproductive rights, including the right to abortion, in the state constitution. In 2019, Ohio banned nearly all abortions once fetal cardiac...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Rules to Reinstate Abortion Pill Restrictions

Nearly three months after hearing oral arguments, a divided Fifth Circuit panel issued its decision in Alliance for Hippocratic Medicine v. FDA, upholding the U.S. Food and Drug Administration’s (“FDA”) underlying approval of...more

Sheppard Mullin Richter & Hampton LLP

Part 3: An Update on the Federal and State E-Roe-sion or P-Roe-tection of Abortion Rights

As the nation prepares for the upcoming 2024 elections, the consequences of the U.S. Supreme Court’s ruling in Dobbs v. Jackson continues to be a significant topic of discussion in numerous states. Since that decision and our...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Insurance Coverage for COVID and In-Person Informed Consent for Abortion

This week, the Court considers insurance coverage for business losses sustained as a result of COVID-19 and the constitutionality of Guam’s in-person informed consent requirement for abortion. THE OREGON CLINIC, PC V....more

Epstein Becker & Green

Podcast: Post-Dobbs - One Year Later - Diagnosing Health Care

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The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization one year ago overturned 50 years of legal precedent protecting the constitutional right to abortion in the United States, leaving the question of...more

Nelson Mullins Riley & Scarborough LLP

South Carolina Fetal Heartbeat and Protection from Abortion Act Passed and Immediate Legal Challenges Followed

On May 25, 2023, Governor McMaster signed Senate Bill 474, effectuating the General Assembly’s second attempt at the Fetal Heartbeat and Protection from Abortion Act (the “Act”), which generally prohibits abortion at any...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of May 2023

Morgan Lewis on

It has been almost a year since the US Supreme Court held in Dobbs v. Jackson Women’s Health Organization that there was no constitutional right to abortion and returned the question of abortion to the states, resulting in a...more

Dinsmore & Shohl LLP

Contradictory Court Opinions Leave the Approval of Abortion Medication in Question

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On April 7, 2023, two federal judges in Texas and Washington State issued dueling opinions about the abortion medication Mifepristone, just hours apart. These two decisions come in the midst of growing tension about abortion...more

Robinson & Cole LLP

HHS Seeks to Strengthen Protections of Reproductive Health Information with Proposed Changes to HIPAA

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On April 12, 2023, the U.S. Department of Health & Human Services (HHS) released a Notice of Proposed Rulemaking (Proposed Rule) that seeks to enhance safeguards of reproductive health care information through changes to the...more

Sheppard Mullin Richter & Hampton LLP

Access to Abortion Pill in Limbo: Navigating the Intricacies of Conflicting Federal Court Rulings in Texas and Washington State

The U.S. Food and Drug Administration’s (“FDA”) approval of the commonly-used abortion medication, Mifepristone, has been curtailed following dueling federal court decisions in Texas and Washington. Just days after a Texas...more

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