Ohio Federal Judge Dismisses Birth Control Mandate Suit For Lack Of Standing

    COLUMBUS, Ohio - An Ohio federal judge on March 22 dismissed an action brought by religious organizations to stop the implementation of a provision in the Patient Protection and Affordable Care Act (PPACA) mandating that all health plans provide preventive services for free, including those for birth control, holding that the plaintiffs lacked standing to bring the suit (Franciscan University of Steubenville, et al. v. Kathleen Sebelius, No. 12-440, S.D. Ohio; 2013 U.S. Dist. LEXIS 40192).

    Minn. Federal Judge Issues Sanctions For Defendants' Violations In Medicare Case

    ST. PAUL, Minn. - A federal Minnesota judge on March 20 granted in part a motion for violation of a protective order brought by plaintiffs in a Medicare and Medicaid false claims suit (United States of America, ex rel Ricia Johnson, et al. v. Golden Gate National Senior Care, et al., No.08-1194, D. Minn.; 2013 U.S. Dist. LEXIS 39011).

    Florida Federal Judge Dismisses False Claims Suit For Lack Of Specifics

    FORT MYERS, Fla. - A federal judge in Florida on March 19 dismissed a federal False Claims Act (FCA) suit against Health Management Associates and one of its hospitals, saying the relator failed to state a claim with specificity regarding the submission of medical claims under the Medicare and Medicaid statutes (United States of America ex rel. Michael Mastej, v. Health Management Associates Inc., et al., No. 2:11cv89, M.D. Fla., Fort Myers Div.; 2013 U.S. Dist. LEXIS 37863).

    Minnesota Federal Judge Dismisses Medicare Case For Lack Of Jurisdiction

    MINNEAPOLIS - Saying that although he found the allegations in the complaint to be "highly disconcerting," a Minnesota federal judge on March 19 granted the government's motion to dismiss a Medicare dispute, saying the Medicare Prescription Drug Improvement Act (MMA) deprives the court of jurisdiction to hear the dispute (Key Medical Supply Inc. v. Kathleen Sebelius, et al., No. 12-752, D. Minn.; 2013 U.S. Dist. LEXIS 37680).

    Supreme Court Holds Medicaid' Anti-Lien Provision Preempts State Law

    WASHINGTON, D.C. - In a divided opinion, the U.S. Supreme Court on March 20 held that an anti-lien provision contained in the federal Medicaid Act preempts North Carolina's irrebuttable statutory presumption that one-third of a tort recovery is attributable to medical expenses (Aldona Wos, secretary of North Carolina Department of Health and Human Services v. E.M.A., a minor, by and through her guardian ad litem, Johnson, et al., No. 12-98, U.S. Sup.).

    Supreme Court Declines Review Of Medicare Reimbursement Suit

    WASHINGTON, D.C. - The U.S. Supreme Court on March 18 denied a petition for writ of certiorari brought by psychiatric providers alleging that they were not fully reimbursed for services provided to Medicare patients (Michigan Department of Community Health, et al. v. Kathleen Sebelius, et al., No. 12-589, U.S. Sup.).

    Missouri Federal Judge Finds State Contraceptive Law Conflicts With Federal Law

    ST. LOUIS - A Missouri federal judge on March 14 held that a state law regulating the coverage of contraceptives directly conflicts with the "birth control mandate" contained in the federal Patient Protection and Affordable Care Act (PPACA) (Missouri Insurance Coalition, et al. v. John M. Huff, in his capacity as Director of the Missouri Department of Insurance, No. 12-2354, E.D. Mo.; 2013 U.S. Dist. LEXIS 35221).

    Mich. Federal Judge Grants Preliminary Injunction In Birth Control Mandate Case

    DETROIT - A Michigan federal judge on March 14 granted a preliminary injunction in a suit brought by a property management company and the company's owner challenging a mandate contained in the Patient Protection and Affordable Care Act (PPACA) related to the provision of birth control (Thomas Monaghan, et al. v. Kathleen Sebelius, et al., No. 12-15488, E.D. Mich.; 2013 U.S. Dist. LEXIS 35144).

    6th Circuit Finds No Error In Decision To Vacate Sanctions Ruling

    CINCINNATI - A federal judge in Tennessee did not err in vacating an order imposing sanctions against the state's Medicaid program after he was assigned to the case, a Sixth Circuit U.S. Court of Appeals panel ruled March 13, finding that he applied the proper legal standard and fully explained his decision to reverse the ruling (John B., et al. v. Mark Emkes, Commissioner, Tennessee Department of Finance and Administration, et al., No. 12-5414, 6th Cir.; 2013 U.S. App. LEXIS 5258).

    Federal Judge Finds Annuity Payments Aren't Countable In Medicaid Eligibility

    JONESBORO, Ark. - A federal judge in the Arkansas on March 13 held that annuity payments to a noninstitutionalized spouse are considered income to that spouse and cannot be counted when determining the eligibility for Medicaid long-term care benefits (Richard F. Jackson v. John M. Selig, in his Official Capacity as Director of the Arkansas Department of Human Services, No. 3:10cv000276, E.D. Ark., Jonesboro Div.; 2013 U.S. Dist. LEXIS 34729).

    Plaintiffs Seek Injunction To Halt Implementation Of Birth Control Mandate

    PITTSBURGH - Plaintiffs challenging the "birth control" mandate contained in the Patient Protection and Affordable Care Act (PPACA) asked a Pennsylvania federal judge on March 11 for a preliminary injunction to protect them from having to provide the coverage in their health plan beginning in July (Geneva College, et al. v. Kathleen Sebelius, et al., No. 12-207, W.D. Pa.).

    Federal Judge: Plaintiff Can Bring Denial Of Benefits Suit In Court

    PORTLAND, Ore. - An Oregon federal judge on March 8 denied a health insurer's motion for summary judgment in a denial of benefits suit, saying a plaintiff could bring her claims in court because a review by an independent review organization did not constitute arbitration (Kelly J. Yox v. Providence Health Plan, No. 12-1348, D. Ore.; 2013 U.S. Dist. LEXIS 32761).

    Plaintiffs Ask 8th Circuit To Reverse Decision In Birth Control Mandate Suit

    ST. LOUIS - A manufacturer of medical devices asked the Eighth Circuit U.S. Court of Appeals on March 7 reverse a lower court's decision denying a preliminary injunction in its suit challenging the "birth control" mandate contained in the Patient Protection and Affordable Care Act (PPACA) (Annex Medical Inc., et al. v. Kathleen Sebelius, et al., No. 13-1118, 8th Cir.).

    Ruling In Medicare Case Leaves Claims Against 1 Facility, Individual Doctors

    CHICAGO - An Illinois judge on March 6 dismissed two medical facilities from a Medicare and Medicaid fraud case but left claims against a third facility and individual doctors (Robert S. Goldberg, M.D., et al. v. Rush University Medical Center, et al., No. 04-4584, N.D. Ill.; 2013 U.S. Dist. LEXIS 31715).

    Oklahoma Federal Judge Awards $65,000 In Denial Of Benefits Case

    OKLAHOMA CITY - An Oklahoma federal judge on March 8 awarded a plaintiff $65,000 in medical benefits in a wrongful denial of benefits case, saying a health insurer could not change the reasons it denied the benefits (Patrick Garrett v. Principal Life Insurance Co., No. 09-1378, W.D. Okla.; 2013 U.S. Dist. LEXIS 32198).

    Pennsylvania Federal Judge Partially Dismisses Claims In Birth Control Mandate Suit

    PITTSBURGH - A Pennsylvania federal judge on March 6 partially granted the federal government's motion to dismiss claims brought by a private, nonprofit college, two for-profit entities and the owners of those entities who are challenging the "birth control" mandate contained in the Patient Protection and Affordable Care Act (PPACA) (Geneva College, et al. v. Kathleen Sebelius, et al., No. 12-207, W.D. Pa.; 2013 U.S. Dist. LEXIS 30265).

    Federal Judge Declines To Dismiss Medicaid Dispute; Claims Sufficiently Pleaded

    CHICAGO - An Illinois federal judge on March 4 denied a motion to dismiss made by a managed care organization in a Medicaid fraud case, saying the plaintiffs met pleading standards for false claims allegations (United States of America, ex rel. Gloria Upton, et al. v. Family Health Network Inc., et al., No. 09-6022, N.D. Ill.; 2013 U.S. Dist. LEXIS 29620).

    District Of Columbia Federal Judge Denies Injunction In Birth Control Mandate Suit

    WASHINGTON, D.C. - A District of Columbia federal judge on March 3 denied a preliminary injunction in a suit brought by a secular, for-profit food company seeking to halt the implementation of a mandate contained in the Patient Protection and Affordable Care Act (PPACA) aimed at providing free preventive services to women, including those for birth control (Francis A. Gilardi Jr., et al. v. Kathleen Sebelius, et al., No. 13-104, D.D.C.; 2013 U.S. Dist. LEXIS 28719).

    6th Circuit: Health Insurer Properly Denied Benefits In Eating Disorder Suit

    CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on March 4 affirmed that a health insurance company did not err in denying coverage for the treatment of eating disorders (Mark Brigolin, et al. v. Blue Cross Blue Shield of Michigan, No. 11-1525, 6th Cir.).

    Calif. Appeals Court Affirms Judgment In Favor Of Insurer In Reimbursement Suit

    LOS ANGELES - In an unpublished opinion, a California appeals court on Feb. 27 affirmed a motion for summary judgment in favor of a health insurance company in a reimbursement dispute (City of Hope National Medical Center v. PacifiCare of California, No. B232591, Calif. App., 2nd Dist., Div. 7; 2013 Cal. App. Unpub. LEXIS 1480).

    New Jersey Federal Judge Dismisses Reimbursement Suit, Finds ERISA Preemption

    NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on Feb. 28 granted a motion to dismiss brought by a welfare benefit fund in a health insurance reimbursement dispute, holding that the Employee Retirement Income Security Act preempted the claims (Middlesex Surgery Center v. Horizon, et al., No. 13-112, D. N.J.; 2013 U.S. Dist. LEXIS 27542).

    High Court Won't Review Waiver Doctrine In ERISA Case

    WASHINGTON, D.C. - The U.S. Supreme Court on March 4 denied a health plan's petition seeking review of a Ninth Circuit U.S. Court of Appeals ruling that the plan, which is governed by the Employee Retirement Income Security Act, waived its right to assert medical necessity as a reason for denial of benefits (California Physicians' Service v. Jeanene Harlick, No. 12-457, U.S.).

    Federal Judge Denies Restraining Order In Birth Control Mandate Suit

    DENVER - A Colorado federal judge on Feb. 27 denied a motion for a temporary restraining order made by the owner of for-profit senior care assisted living centers and skilled nursing centers in a suit challenging the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) (Stephen W. Briscoe, et al. v. Kathleen Sebelius, et al., No. 13-285, D. Colo.; 2013 U.S. Dist. LEXIS 26911).

    Federal Judge Denies TRO In Medicaid Termination Of Benefits Suit

    PORTLAND, Maine - A federal judge in Maine on Feb. 28 denied a motion for a temporary restraining order (TRO) to vacate an order by the U.S. Department of Health and Human Services (HHS) approving a new Maine Medicaid plan amendment tightening eligibility requirements for health care assistance (Louis Bourgoin, et al., v. Kathleen Sebelius, Secretary U.S. Department of Health and Human Services, No. 2:13cv00055, D. Maine; 2013 U.S. Dist. LEXIS 27680).

    10th Circuit Affirms Dismissal Of Medicare Reimbursement Suit

    DENVER - The 10th Circuit U.S. Court of Appeals on Feb. 26 affirmed the dismissal of a Medicare provider lawsuit against the U.S. Department of Health and Human Services, saying the trial court lacked subject matter jurisdiction because the provider failed to file a timely administrative appeal (Full Life Hospice v. Kathleen Sebelius, Secretary, U.S. Department of Health and Human Services, No. 11-6242, 10th Cir.; 2013 U.S. App. LEXIS 3974).