Manufacturer Asks 11th Circuit To Affirm Injunction In Birth Control Case

ATLANTA - Plaintiffs challenging the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) asked the 11th Circuit U.S. Court of Appeals on Nov. 20 to affirm the grant of a preliminary injunction in their favor (Beckwith Electric Co. Inc., et al. v. Kathleen Sebelius...

High Court Agrees To Hear 2 Challenges To Birth Control Mandate

WASHINGTON, D.C. - 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 on religious grounds...

New Jersey High Court Won't Review Ruling That ERISA Preempts Hospital's Claims

TRENTON - The New Jersey Supreme Court on Dec. 6 denied a petition for certification of a Superior Court ruling that Employee Retirement Income Security Act Section 514(a) expressly preempts a medical provider's claims against the ERISA plan for payment of the provider's customary fees for the...

Conn. Federal Judge Grants Injunction To Halt Termination Of Medicare Contracts

NEW HAVEN, Conn. - A Connecticut federal judge on Dec. 5 granted a preliminary injunction to keep a health insurance company group from terminating approximately 2,200 physicians from its Medicare Advantage program (Fairfield County Medical Association, et al. v. United Healthcare of New England, et...

Government Urges Appeals Court To Affirm Dismissal Of Individual Mandate Suit

WASHINGTON, D.C. - The federal government on Dec. 9 urged the District of Columbia Circuit U.S. Court of Appeals to affirm a decision dismissing a suit challenging payments made to the Internal Revenue Service related to the individual mandate contained in the Patient Protection and Affordable Care Act...

Catholic Groups Ask For Temporary Restraining Order In Birth Control Suit

BROOKLYN, N.Y. - Multiple Catholic organizations on Dec. 10 asked a New York federal judge to grant a temporary restraining order barring implementation and enforcement of the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) until the court can rule on their motion...

Supreme Court Rules On Limitations Period In ERISA Denial Case

WASHINGTON, D.C. - The U.S. Supreme Court ruled Dec. 16 that the contractual limitations provision of a disability benefits plan that requires participants to bring suit within three years after "proof of loss" is due is enforceable under the Employee Retirement Income Security Act, even if...

New Jersey Appeals Court Affirms Dismissal Of Denial-Of-Benefits Suit

TRENTON, N.J. - A New Jersey appeals court on Dec. 11 affirmed the dismissal of a wrongful-denial-of-health-benefits suit, saying that the plaintiff brought his challenge of the final decision denying the benefits in the wrong court (Irvin B. Beaver v. Magellan Health Services Inc., No. A-1311-12T3,...

Judge Grants Injunction, Dismisses Plaintiffs In Birth Control Suit

BROOKLYN, N.Y. - A New York federal judge on Dec. 16 granted non-Diocesan plaintiffs' motion for summary judgment as to their Religious Freedom and Restoration Act (RFRA) claim and issued a preliminary injunction in their favor in a challenge to the birth control mandate contained in the Patient...

California Federal Judge Remands Reimbursement Suit, Finds No Preemption Exists

SAN JOSE, Calif. - A California federal judge on Dec. 16 remanded a reimbursement dispute to state court, holding that the Employee Retirement Income Security Act did not preempt the state law claims (Bay Area Surgical Management v. United Healthcare Insurance Co., et al., No. 13-2512, N.D. Calif.; 2013...

Supreme Court Justice Halts Birth Control Mandate For Catholic Group

WASHINGTON, D.C. - U.S. Supreme Court Justice Sonia Sotomayor on Dec. 31 temporarily blocked the federal government from enforcing the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) against an order of Catholic nuns at the request of the group after a lower...

Preliminary Injunction Granted In Religious Groups' Challenge To Mandate

FORT WAYNE, Ind. - An Indiana federal judge on Dec. 27 granted a preliminary injunction in favor of a group of Catholic organizations in their challenge to the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) (Diocese of Fort Wayne-South Bend Inc., et al. v. Kathleen...

Indiana Federal Judge Grants Injunction In Birth Control Suit

SOUTH BEND, Ind. - An Indiana federal judge on Dec. 27 granted a preliminary injunction in favor of two not-for-profit Christ-center institutions of higher learning in their challenge to the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) (Grace Schools, et al...

Government Opposes Supreme Court's Halt Of Birth Control Mandate

WASHINGTON, D.C. - The federal government on Jan. 3 filed a brief with the U.S. Supreme Court opposing an emergency injunction pending appellate review or, in the alternative, a petition for a writ of certiorari before judgment and injunction pending resolution following a Dec. 31 order by Justice Sonia...

9th Circuit Vacates Injunctions In Medicare Secondary Payer Class Action Suit

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Jan. 2 filed an amended opinion vacating injunctions entered by a lower court prohibiting the secretary of the U.S. Department of Health and Human Services (DHHS) from demanding "up front" reimbursement for secondary payments from...

6th Circuit Grants Injunction Pending Appeal In Birth Control Suit

GRAND RAPIDS, Mich. - The Sixth Circuit U.S. Court of Appeals on Dec. 31 granted an injunction pending appeal in favor of two Catholic institutions after a Michigan federal judge on Dec. 27 declined to grant a preliminary injunction in favor of the plaintiffs in their suit seeking to keep the government...

Injunction Pending Appeal Granted After Judge Dismisses Birth Control Case

WASHINGTON, D.C. - A divided District of Columbia Circuit U.S. Court of Appeals panel on Dec. 31 granted an emergency motion for injunction pending appeal in a nonprofit religious organization's case challenging the birth control mandate contained in the Patient Protection and Affordable Care Act...

Judge Dismisses Suit Over Individual, Employer Mandates In Health Care Act

HOUSTON - A Texas federal judge on Jan. 10 dismissed a case challenging the individual and employer mandates contained in the Patient Protection and Affordable Care Act (PPACA), holding that the mandates did not violate the origination clause of the U.S. Constitution or the taking clause of the Fifth...

U.S. Supreme Court Denies Certiorari In Medicare Part D Challenge

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 denied a petition for certiorari in a case seeking review of an appeals court decision affirming a federal trial court order denying judicial review of a challenge to the U.S. Department of Health and Human Services (HHS) Medicare Part D rule allowing...

9th Circuit Reverses Injunction In California Medi-Cal Dispute

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Jan. 9 reversed a decision affirming a preliminary injunction prohibiting the California Department of Health Care Service (DHCS) from implementing Medicaid reimbursement rate reductions, saying the lower court erroneously interpreted the...

Michigan Federal Judge Grants Injunction In Birth Control Case

DETROIT - A Michigan federal judge on Jan. 13 granted a preliminary injunction in favor of five religious organizations challenging the birth control mandate contained in the Patient Protection and Affordable Care Act (PPACA) (The Ave Marie Foundation, et al. v. Kathleen Sebelius, et al., No. 13-15198...

Judge: Act Authorizes Tax Credits For Insurance Bought On Federal Exchanges

WASHINGTON, D.C. - A District of Columbia federal judge on Jan. 15 granted summary judgment in favor of the federal government in a suit challenging an Internal Revenue Service regulation imposed under the Patient Protection and Affordable Care Act (PPACA) that extends eligibility for premium assistance...

Podiatrist Admits Lying To Grand Jury Investigating Orthofix Health Care Fraud

BOSTON - A Virginia podiatrist on Jan. 15 pleaded guilty to lying to a federal grand jury during an investigation into health care fraud and kickbacks related to bone growth stimulators sold by Orthofix Holdings Inc. (United States of America v. Ilene Terrell, No. 1:13-10180, D. Mass.).

Federal Magistrate Declines To Transfer Denial Of Benefits Case To Other Court

MILWAUKEE - A Wisconsin federal magistrate judge on Jan. 15 denied a defendant's motion to transfer a wrongful denial of benefits case to another federal court (Ryan M. Redmond v. Sirius International Insurance Corp., No. 12-587, E.D. Wis.; 2014 U.S. Dist. LEXIS 5089).

N.J. Federal Judge Remands Reimbursement Dispute; No Federal Jurisdiction Exists

NEWARK, N.J. - In an unpublished opinion, a New Jersey federal judge on Jan. 21 granted a plaintiffs' motion to remand its health care reimbursement suit, saying neither complete preemption nor an embedded federal question of jurisdiction existed (MHA d/b/a Meadowlands Hospital Medical Center v....