News & Analysis as of

Supreme Court of the United States › Patient Access

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... more +
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 -
Proskauer - Proskauer For Good

The Reproductive Healthcare Landscape Two Years Post-Dobbs

Proskauer - Proskauer For Good on

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

Sands Anderson PC on

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

Holtzman Vogel Baran Torchinsky & Josefiak

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

Holtzman Vogel Baran Torchinsky & Josefiak on

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...

Akerman LLP - Health Law Rx on

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

Holland & Knight LLP on

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

Fenwick & West LLP on

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

Jenner & Block on

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

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Foley Hoag LLP - Medicaid and the Law

The Supreme Court’s Talevski Decision: Medicaid Private Enforcement under Section 1983 Lives to See Another Day

Foley Hoag LLP - Medicaid and the Law on

Today’s post provides an important update on the Supreme Court case Health & Hospital Corporation of Marion County (HHC) v. Talevski. As readers will remember, our blog has been following this case since it made its way to...more

Dinsmore & Shohl LLP

Contradictory Court Opinions Leave the Approval of Abortion Medication in Question

Dinsmore & Shohl LLP on

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

Robinson & Cole LLP on

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

Epstein Becker & Green

Podcast: Post-Dobbs - Considerations for Clinical Trials and Research - Diagnosing Health Care

Epstein Becker & Green on

The Dobbs v. Jackson Women’s Health Organization decision, which effectively removed the federal constitutional protections for abortion, triggered a series of changes for health care providers and patients alike across the...more

Holland & Hart LLP

Idaho Abortion Laws: Updated FAQs

Holland & Hart LLP on

On January 5, 2023, the Idaho Supreme Court upheld Idaho's near-total abortion ban (I.C. § 18-622), Idaho's fetal heartbeat (“6-week”) abortion ban to the extent it is not superseded by the near-total abortion ban (I.C. §...more

Morgan Lewis

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

Morgan Lewis on

The US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization set off a series of changes in reproductive health law across the country. As we transition to a new year and a new Congress, we provide a...more

Bowditch & Dewey

Brrrr: Chilling Speech About and Access to Abortion in Idaho

Bowditch & Dewey on

The Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization, which overturned the precedent in Roe vs. Wade, allows states to ban and restrict abortion. This decision has sent shockwaves through many...more

Akerman LLP - Health Law Rx

Important Update: Georgia Abortion Law Remains in Effect Until Judicial Review

Akerman LLP - Health Law Rx on

Ruling on the State of Georgia’s November 18, 2022 Emergency Petition for Supersedeas, this past Wednesday (November 23, 2022) the Georgia Supreme Court enjoined the lower court’s decision thereby reinstating the prohibitions...more

Burr & Forman

Hot Topics in Health Care - November 2022

Burr & Forman on

Physician Groups Voice Strong Opposition to Proposed Expanded Scope of Practice for Non-Physician Practitioners - The American Medical Association and over 80 other physician industry groups have come out in strong...more

Akerman LLP

Providing Healthcare in a Post-Dobbs America Presents Evolving Challenges

Akerman LLP on

The Supreme Court’s landmark decision in Dobbs v. Jackson Women’s Health Organization represents a sea-change in Constitutional law that has already impacted our country in multiple ways. By overruling Roe v. Wade (1973)...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of July 27

Morgan Lewis on

Federal and state activity in the initial weeks after the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization decision largely focused on litigation and executive and state legislative action designed...more

Wyrick Robbins Yates & Ponton LLP

Patient Privacy and Reproductive Health Data in the Dobbs Aftermath

Wyrick Robbins Yates & Ponton LLP on

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey, raises new issues regarding the privacy of reproductive health data. That’s because...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of July 19

Morgan Lewis on

The weeks after the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization decision have seen an array of federal and state actions on the issue of access to abortion-related services, including new...more

Stinson LLP

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

Stinson LLP on

On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more

Proskauer - New Media & Technology

FTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data

Proskauer - New Media & Technology on

On July 11, 2022, the Federal Trade Commission (FTC) published “Location, health, and other sensitive information: FTC committed to fully enforcing the law against illegal use and sharing of highly sensitive data,” on its...more

Polsinelli

HHS OCR Issues New, Post-Dobbs Guidance

Polsinelli on

In the wake of the Dobbs decision, the Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued new guidance regarding the privacy of patients seeking reproductive health care. The guidance...more

Nelson Mullins Riley & Scarborough LLP

HHS Issues Reminder about EMTALA Obligations to Pregnant Women Post-Dobbs

Nelson Mullins Riley & Scarborough LLP on

The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more

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