News & Analysis as of September 19, 2024

Healthcare

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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

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

U.S. Supreme Court Holds Healthcare Entities Not Liable for Emotional Injury Damages Under Certain Anti-Discrimination Statutes

Akerman LLP - Health Law Rx on 5/4/2022

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain...more

Federal Court Blocks HHS Rule on Sexual Orientation

Rivkin Radler LLP on 8/18/2020

The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based...more

Latest Attack on the Affordable Care Act Soundly Defeated: “The Government should honor its obligations.”

Proskauer - Minding Your Business on 5/5/2020

President Obama’s Affordable Care Act has survived yet another challenge in the federal courts. In a resounding 8-1 decision this Monday, April 27, 2020, the U.S. Supreme Court ruled that health insurance companies who...more

What Employers Can Expect From The Trump Administration

Franczek P.C. on 11/15/2016

Like the rest of the country, employers and HR professionals are left wondering what Donald Trump’s unexpected election as President means for the country. The Trump campaign was often light on detailed policy proposals, but...more

What Impact Could Trump's Election Have on Employers?

FordHarrison on 11/11/2016

The election is over. The vote is in. Donald Trump will be our 45th President. And, for the first time since 2006 (when the 109th Congress was in session during the Bush administration), come 2017, a Republican President will...more

Health Care Update - November 2015

Mintz - ML Strategies on 11/4/2015

Ways & Means Leadership Changes – Health Policy Implications Looming: As Congress pushes forward with a two-year budget deal, and new Speaker Paul Ryan begins his tenure as the top Republican in the House of...more

King v. Burwell & Beyond: ACA Litigation Continues

Carlton Fields on 10/7/2015

The Supreme Court’s ruling in King v. Burwell resolved what may be the last existential legal threat to Obamacare. The case upheld the extension of premium tax credits in states operating under federally created insurance...more

Manatt on Health Reform: Weekly Highlights - September 2015 #4

Manatt, Phelps & Phillips, LLP on 9/23/2015

The Massachusetts Marketplace takes steps to ease consumer confusion by reducing choice among QHPs; North Carolina appears poised to pass Medicaid reform legislation; and bipartisan support is gaining for defining businesses...more

New HHS Rules Will Provide Greater Protections Against Gender Identity Discrimination

Seyfarth Shaw LLP on 9/16/2015

The Obama administration continues to use its executive authority to expand societal inclusion of transgender individuals. On September 3, the Department of Health and Human Services issued proposed rules under Section 1557...more

Religious Institutions: September 2015

Holland & Knight LLP on 9/16/2015

Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more

First, Arizona Legislature v. AIRC, Now the ACA Subsidies: Standing for Political Institutions

Snell & Wilmer on 9/15/2015

Citing what some might call a quirk of the U.S. Supreme Court’s (SCOTUS) recent opinion in Arizona Legislature v. Arizona Independent Redistricting Commission (AIRC), U.S. District Court Judge for the District of Columbia...more

The Affordable Care Act After King v. Burwell: With Chaos Avoided in the Near Term, What Does the Future Hold For Health Reform?

K&L Gates LLP on 9/4/2015

On June 25, 2015, the U.S. Supreme Court ended the latest legal challenge to the Affordable Care Act (“ACA”) with its 6–3 ruling in King v. Burwell. With Chief Justice Roberts writing for the majority, the Supreme Court held...more

Manatt on Health Reform: Weekly Highlights - August 2015 #2

Manatt, Phelps & Phillips, LLP on 8/12/2015

Reductions in uninsured rates are greatest in states with Medicaid expansions and State-based or State Partnership Marketplaces; Kentucky finds increased use of preventive healthcare following Medicaid expansion; and,...more

Also In The News - Health Headlines - July 2015

King & Spalding on 7/24/2015

CMS Reopens Attestation Period For First-Time Hospitals Until August – CMS recently announced that eligible hospitals participating in the Medicare Electronic Health Record Incentive Program for the first time in 2015 may...more

Manatt on Health Reform: Weekly Highlights - July 2015 #3

Manatt, Phelps & Phillips, LLP on 7/22/2015

In quick succession, governors in Alaska and Utah announce Medicaid expansions this week; Iowa is transitioning its expansion away from the Marketplace to Medicaid managed care, for now; and, HHS extends its exception to...more

Feds Define Which “Closely Held Corporations” Are Eligible to Opt Out of Contraception Mandate Under ACA

McNees Wallace & Nurick LLC on 7/16/2015

One year ago, the U.S. Supreme Court ruled in the case of Burwell v. Hobby Lobby Stores, Inc. et al, that for-profit closely held corporations must be permitted to opt out of the Affordable Care Act’s contraception mandate on...more

King v. Burwell Aftermath: Where Does the Health Care Industry Go From Here?

Locke Lord LLP on 7/15/2015

What was at stake in King v. Burwell? DH: Perhaps more than initially meets the eye. If the U.S. Supreme Court had sided with the King v. Burwell plaintiffs, federal tax subsidies to reduce the cost of insurance premiums...more

A Review of the Supreme Court’s 2014 - 2015 Term

Franczek P.C. on 7/2/2015

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

King v. Burwell – Supreme Court Upholds Premium Subsidies under Federally-Run Marketplaces; ACA Remains (Mostly) Unfazed

Proskauer - Employee Benefits & Executive... on 6/27/2015

On June 25, 2015, the United States Supreme Court released its much anticipated King v. Burwell decision regarding the validity of premium assistance issued by Federally-run Marketplaces. Chief Justice Roberts, writing for...more

How Does the King v. Burwell Decision Affect the Affordable Care Act?

Foley & Lardner LLP on 6/26/2015

The Supreme Court handed the Obama administration a key victory this morning, upholding the tax credits that allow many low-income Americans to purchase health care insurance in states where the federal government is running...more

Under the Dome: Inside the Maine State House

Pierce Atwood LLP on 6/26/2015

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Plans Long Day - Early this past Wednesday morning, the Maine House and Senate...more

King v. Burwell: No “Death Spirals”

Carlton Fields on 6/25/2015

"Death spirals" were avoided today when the U.S. Supreme Court released its long awaited opinion in King v. Burwell, holding that tax credits are available to subsidize coverage for qualified individuals in all states,...more

King v. Burwell: The Supreme Court Rules in Favor of the Administration and the Affordable Care Act Survives

Littler on 6/25/2015

The U.S. Supreme Court has once again ruled in favor of the Affordable Care Act (ACA). At issue in King. v. Burwell was whether the landmark legislation allows federal subsidies to be given to low-income consumers residing...more

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