9th Circuit Panel Vacates Injunctions Over Medicaid Reimbursement Reductions

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel withdrew a previous decision and published a new opinion on May 24 that reverses a district court's decision in four cases and vacates preliminary injunctions prohibiting the California Department ...read more

Texas Medicare Beneficiary Denied TRO In Nursing Home Residency Status Dispute

HOUSTON - U.S. Judge Lee H. Rosenthal of the Southern District of Texas, Houston Division, on May 31 denied a Medicare beneficiary a temporary restraining order (TRO) in her federal lawsuit against Select Specialty Hospital Houston, saying federal courts ...read more

Williams Mullen: Preparing for the Unexpected: The Affordable Care Act’s Whistleblower Provision

By Mary Pivec and Igor M. Babichenko On February 27, 2013, the Occupational Safety and Health Administration published its interim final rule setting forth the procedures for handling complaints brought under the whistleblower provision of the Affordable Care Act (“ACA”). This whistleblower...

State Net Capitol Journal: Ohio Gov. Kasich Still Pushing Medicaid Expansion

The Ohio Legislature has been out on its summer recess for almost two weeks, but Gov. John Kasich (R) has not given up hope lawmakers will return to Columbus sooner than later to green light his call to expand the Buckeye State's Medicaid rolls. At a pro-expansion rally last week, Kasich reiterated...

House Blocks Health Care Act In Budget Negotiations; Senate To Take Up Measure

WASHINGTON, D.C. — (Mealey's) The U.S. Senate will meet at 2 p.m. today — 10 hours before a government shutdown deadline — to decide what to do after the Republican-controlled House approved legislation yesterday imposing a one-year delay of the Patient Protection and Affordable...

Negotiations Related To Health Care Act Fail; Government Shuts Down

WASHINGTON, D.C. — (Mealey's) The federal government partially shut down just after midnight Oct. 1 after the Democratic-controlled U.S. Senate continued to reject demands by the Republican-controlled House to impose a one-year delay of the Patient Protection and Affordable Care Act (PPACA...

State Net Capitol Journal: Health Exchange Enrollments Lag In First Month

Only three states — Connecticut, Rhode Island and New York — reached their enrollment targets in the first month of open enrollment in the health insurance exchanges created under the Affordable Care Act. All three states, which run their own exchanges, actually exceeded their targets, with...

State Net Capitol Journal: Alaska Gov. Parnell Rejects Medicaid Expansion

Calling the ongoing rollout of the Affordable Care Act "a failed experiment," Alaska Gov. Sean Parnell (R) announced The Last Frontier State will not expand Medicaid eligibility in line with the law. "I believe a costly Medicaid expansion especially on top of the broken Obamacare system...

State Net Capitol Journal: States Laboratories Of Health Care Finance

Under a program created by the Affordable Care Act called the State Innovation Models Initiative, six states — Arkansas, Maine, Massachusetts, Minnesota, Oregon and Vermont — began testing new health care financing models this year. Colorado, New York, and Washington will be next up to try...

State Net Capitol Journal: States Offer A Tightly Stretched Lifeline For Obamacare

By Lou Cannon | Obamacare is clinging to existence. After the bungled rollout of the federal health care website and President Obama's contrite admission that he misled millions of Americans into believing they could keep their insurance policies, opponents of Obamacare now have hopes of undoing...

High Court Agrees To Hear 2 Challenges To Birth Control Mandate

WASHINGTON, D.C. —(Mealey’s) The U.S. Supreme Court on Nov. 26 announced that it granted certiorari in two cases challenging the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA). Both of the cases involve for-profit companies opposed to the mandate...

ACLJ: Supreme Court Has Critical Opportunity To Protect Religious Freedom In ObamaCare Cases

WASHINGTON, D.C. -- The American Center for Law and Justice (ACLJ), a pro-life legal organization that focuses on constitutional law, said the Nov. 26 decision by the U.S. Supreme Court to take two cases involving a challenge to the ObamaCare HHS Mandate represents a significant opportunity for the high...

State Net Capitol Journal: The Obamacare Pitfall: Health Care Issues Dominate State Politics

By Lou Cannon Obamacare remains an untidy work in progress in the states, which are struggling with Medicaid expansion, website problems, and insurance issues in an election year in which health care policy issues are overshadowed by partisan politics. Tim Storey, a political analyst with the National...

State Net Capitol Journal: A Tale of 2 Obamacares

The starkly contrasting ways in which Democrat- and Republican-led states have generally responded to the Affordable Care Act is creating two separate health care systems, according to a report released last week by the Obama administration. Democrat-leaning Kentucky, which has warmly embraced the ACA...

Williams Mullen: Employer Healthcare Mandate Transition Relief Announced

By Brydon M. DeWitt This week, the Treasury Department announced transition rules that delay implementation of the Affordable Care Act (ACA) employer health insurance mandate for some employers and modify it for others. The ACA requires employers with at least 50 full-time employees to offer affordable...

Ballard Spahr LLP: ACA Employer Mandate Final Regulations Released; Enforcement Delays Provided for Mid-Sized Employers

By Brian M. Pinheiro, Jean C. Hemphill and Jonathan M. Calpas | Very large employers will be required to offer health care coverage to their full-time employees or pay a penalty to the federal government beginning January 1, 2015. Under the final regulations released by the U.S. Department of Treasury...

District Of Columbia Appeals Panel Affirms Dismissal Of ACA Suit

WASHINGTON, D.C. — (Mealey’s) Plaintiffs cannot squeeze the individual insurance mandate in the Patient Protection and Affordable Care Act (ACA) into an “arbitrary as-applied” exemption to Congress’ taxing power, a panel of the District of Columbia Circuit U.S. Court of...

High Court Hears Arguments In Birth Control Mandate Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 25 heard arguments in two cases that will decide whether for-profit, secular businesses have to provide contraceptive services as part of their health insurance packages to employees even if they oppose such measures on religious...

Top Court Rejects Religious Groups’ Challenges In Birth Control Cases

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 31 denied petitions for certiorari from two nonprofit religious groups claiming that the contraceptive mandate contained in the Patient Protection and Affordable Care Act (ACA) violates the Religious Freedom Restoration Act (RFRA...

Court Hears Arguments In Origination-Clause Challenge To Individual Mandate Tax

WASHINGTON, D.C. — (Mealey’s) A District of Columbia Circuit U.S. Court of Appeals panel on May 8 heard arguments over whether the Patient Protection and Affordable Care Act (ACA)’s individual mandate tax constitutes a revenue measure and should properly have originated in the U.S....

Williams Mullen: New COBRA and CHIP Notices Highlight Affordable Care Act Marketplaces

B y Brydon M. DeWitt The Department of Labor recently issued updated model COBRA continuation coverage and Childrens’ Health Insurance Program (“CHIP”) notices. Plan administrators should begin using the new notices immediately. The revised model COBRA notices address the availability...

The Hobby Lobby Primer: How A Craft Store Changed The Legal Landscape

Now that the United States Supreme Court has issued its decision in Burwell v. Hobby Lobby Stores, Inc. , 2014 U.S. LEXIS 4505 (U.S. June 30, 2014) , many are left with questions on the breadth of the decision and what it means going forwards. Below is a brief primer . [lexis.com subscribers may access...

11th Circuit Cites Hobby Lobby, Enjoins Mandate During Appeal

MONTGOMERY, Ala. — (Mealey’s) A Catholic media outlet is entitled to an injunction while it appeals rejection of its Patient Protection and Affordable Care Act (ACA)’s contraceptive mandate challenge in light of Burwell v. Hobby Lobby (Nos. 13-354, 13-356, U.S. Sup. [lexis.com subscribers...

HHS Urges Top Court Not To Grant Emergency Injunction During ACA Appeal

WASHINGTON, D.C. — (Mealey’s) The Supreme Court should deny a nonprofit Christian liberal arts college’s request for an emergency injunction of the Patient Protection and Affordable Care Act (ACA) contraceptive mandate while it appeals an adverse ruling, the government said July 2 in...

Foley & Lardner LLP: It's Not a Federal Question: 7th Circuit Sends Case Involving Affordable Care Act Funds Back to State Court

What is or what is not a federal question under Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing , 545 U.S. 308 (2005) [ enhanced opinion available to lexis.com subscribers ], is an issue that continues to perplex lawyers, judges, and law students alike. In Hartland Lakeside...