Mealey's Health Law - Judge: Local Official Lacks Standing To Challenge ACA Individual Mandate

WASHINGTON, D.C. - A local elected official challenging the Patient Protection and Affordable Care Act (ACA)'s individual mandate lacks injury sufficient for standing as either an individual or in his representative capacity, a District of Columbia federal judge held June 25 (Jeffrey Cutler v. United...

Mealey's Health Law - DOJ: Nursing Home Pharmacy To Pay $124M To Resolve Claims Over Fraudulent Billing

WASHINGTON, D.C. - The U.S. Department of Justice on June 25 announced that Omnicare Inc., the nation's largest supplier of pharmaceutical drugs to nursing homes, has agreed to pay $124.2 million to settle allegations that it offered improper financial incentives to nursing homes in return for their...

Mealey's Health Law - ACA Birth-Control Mandate Burdens Closely Held Corporations, High Court Says

WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate substantially burdens closely held religious corporations' religious rights, a divided U.S. Supreme Court held June 30 (Burwell, Secretary of Health and Human Services, et al. v. Hobby Lobby Stores...

Mealey's Health Law - 11th Circuit Cites Hobby Lobby, Enjoins Mandate During Appeal

MONTGOMERY, Ala. - 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.), an 11th Circuit U.S. Court of Appeals panel...

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...

Mealey's Health Law - Top Court Vacates Judgment, Remands 3 ACA Cases, Denies Review In 3 Others

WASHINGTON, D.C. - The U.S. Supreme Court on July 1 summarily granted three writs of certiorari brought by Catholics challenging the Patient Protection and Affordable Care Act (ACA) contraceptive mandate, vacated the judgments and remanded the cases in light of Burwell v. Hobby Lobby Stores Inc. (573...

Mealey's Health Law - Parties Shut Out Of Earlier ACA Mandate Injunction Granted Restraining Order

OKLAHOMA CITY - A federal judge in Oklahoma on July 1 granted a temporary restraining order enjoining the government from enforcing the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate against a Catholic benefits organization members who joined the group after his June 4 injunction...

Mealey's Health Law - 7th Circuit Finds Jurisdiction Lacking, Remands ACA Payment Dispute

CHICAGO - A battle over Patient Protection and Affordable Care Act (ACA) fund disbursement is heading back to state court after the Seventh Circuit U.S. Court of Appeals ruled June 27 that practical considerations cannot overcome the lack of federal jurisdiction (Hartland Lakeside Joint No. 3 School...

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...

Mealey's Health Law - HHS Urges Top Court Not To Grant Emergency Injunction During ACA Appeal

WASHINGTON, D.C. - 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 its first post-Burwell...

Mealey's Health Law - Missouri Federal Judge Grants Injunction In ACA Birth-Control Case

ST LOUIS - Finding that the Patient Protection and Affordable Care Act (ACA) contraceptive mandate imposed a substantial burden on the religious beliefs of two groups and that the government had not instituted the least restrictive method of achieving its goals, a Missouri federal judge granted a motion...

Mealey's Health Care Law Supreme Court Enjoins ACA Birth Control Mandate During College's Appeal

WASHINGTON, D.C. - The Supreme Court on July 3 enjoined enforcement of the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate while a nonprofit Christian liberal arts college appeals an adverse ruling (Wheaton College v. Sylvia Mathews Burwell, et al., No. 13A1284, U.S. Sup...

Mealey's Health Law - 6th Circuit Rules On Coordination Of Benefits Provisions In Coverage Dispute

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on July 1 affirmed that a coordination of benefits provision in an employee welfare benefit plan governed by the Employee Retirement Income Security Act trumped a coordination of benefits policy in a regular health insurance policy, thus...

Mealey's Health Law - La. Supreme Court: Insured Can Sue Insurer For Balance Billing Violations

NEW ORLEANS - A divided Louisiana Supreme Court on July 1 held that a participant in a health insurance plan can sue her insurer for alleged violations of the state's balance billing law committed by a health care provider contracting with the insurer (Aaron Emigh, et al. v. West Calcasieu Cameron...

Mealey's Health Law - Illinois Federal Judge Dismisses All Claims In False Billing Suit

PEORIA, Ill. - An Illinois federal judge on July 1 dismissed with prejudice a first amended complaint alleging that a health care provider submitted false claims pursuant to Medicare and Medicaid, holding that the plaintiff failed to adequately plead his claims and would not be able to correct the deficiencies...

Mealey's Health Law - La. High Court Says Insured Has Private Right Of Action Under Balance Billing Law

NEW ORLEANS - A divided Louisiana Supreme Court on July 1 held that a health insurance beneficiary has a private right of action for damages against a health care provider under the state's balance billing act (Yana Anderson v. Ochsner Health System, et al., No. 3-13-2970, La. Sup.; 2014 La. LEXIS...

Mealey's Health Law - Trade Group Claims D.C. Funding Exchange On Back Of Non-Exchange Insurers

WASHINGTON, D.C. - To fund the "extraordinary" costs of its Patient Protection and Affordable Care Act (ACA) health insurance exchange, the District of Columbia assesses fees on insurers with no products in the exchange, a trade association alleges in a July 3 complaint (American Council of...

Mealey's Health Law - HHS Announces $100M For Expanded Primary Care, $83.4M In Training Awards

WASHINGTON, D.C. - The U.S. Department of Health and Human Services is making $100 million available to expand access to primary care under the Patient Protection and Affordable Care Act (ACA), the government announced July 8.

Mealey's Health Law - Additional Factual Allegations Allowed In Medicare Dispute; Additional Claims Denied

WASHINGTON, D.C. - A District of Columbia federal judge on July 7 partially granted plaintiffs' motion to amend their complaint challenging regulations governing Medicare reimbursements and allow the plaintiffs to include factual allegations concerning a Final Interim Rule, but not allowing the plaintiffs...

Mealey's Health Law - Appeals Court Reverses Decision, Says Reimbursement Decision Arbitrary

WASHINGTON, D.C. - In reversing a lower court, a District of Columbia Circuit U.S. Court of Appeals panel on July 8 held that the secretary of the U.S. Department of Health and Human Services' (HHS) conclusion that a group of long-term care hospitals operating out of buildings previously owned by...

Mealey's Health Law - Federal Judge Dismisses Suit Challenging Termination Of Medicaid Provider Contract

WASHINGTON, D.C. - A District of Columbia federal judge on July 7 dismissed a Medicaid vocational training program provider's claims challenging the termination of its Medicaid contract, saying that the plaintiff failed to adequately plead its claims and that amendment would be futile (New Vision...

Mealey's Health Law - ACA Birth Control Mandate Violates Belief System, Pro-Life Organization Claims

WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate forces insurance coverage for items antithetical to the purpose of one of the nation's oldest pro-life organizations, March for Life alleges in a July 7 complaint (March for Life, Jeanne F. Monahan...

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...

Foley & Lardner LLP: Hospitals Urging SCOTUS to Limit False Claims Act Penalties

What do a moving company and a hospital association have in common? The False Claims Act (FCA). The American Hospital Association along with the United States Chamber of Commerce and the Pharmaceutical Research and Manufacturers of America recently submitted an amici curiae brief in support of petitioners...