As we previously posted on our blog, the Affordable Care Act has been subject to extensive litigation since its enactment, including numerous lawsuits opposing its contraception mandate provision by both for-profit and nonprofit companies. At first blush, the cases appear to be very similar. However, the cases differ in several […]
On Friday, January 3, 2014, the U.S. Solicitor General filed a memorandum in opposition to the emergency application for an injunction temporarily granted by the U.S. Supreme Court on December 31, 2013. The injunction temporarily enjoined the government from enforcing the contraceptive coverage requirements imposed by the Affordable Care Act (ACA) and its related […]
The U.S. Supreme Court (SCOTUS) agreed to review provisions within the Affordable Care Act (ACA) by granting petitions for writs of certiorari yesterday, November 26, 2013. Specifically, SCOTUS will review the provisions that require large employers to offer insurance coverage for birth control and other reproductive health services.
On November 14, 2013, President Obama announced a plan that would enable certain Americans with health coverage to keep their existing coverage for an additional year even if their existing coverage fails to meet the minimum standards established under the Affordable Care Act (“ACA”).
As we reported earlier this week, the U.S. Department of Health & Human Services (“HHS”) recently issued a letter concluding that HHS “does not consider [Qualified Health Plans (QHPs)], other programs related to the Federally-facilitated Marketplace, and other programs under Title I of the Affordable Care Act to be federal […]
HHS: Qualified Health Plans are NOT “Federal Health Care Programs” – Implications for Anti-Kickback, CMP, and Exclusion Analyses
In an October 30, 2013, letter to Representative Jim McDermott (D-WA), U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius, stated that HHS “does not consider [Qualified Health Plans (QHPs)], other programs related to the Federally-facilitated Marketplace, and other programs under Title I of the Affordable Care Act to […]
As announced last week, the Centers for Medicare & Medicaid Services (CMS) issued another round of FAQs related to the implementation of the Sunshine Act. Below is a list of the 20 new CMS FAQs organized by category with a link to the answer from CMS for each. Cooley’s CMS Sunshine FAQs trackers also have been […]
As President Obama responds to healthcare.gov’s glitches, many states continue to debate whether to expand the Medicaid program in their respective states. The Supreme Court’s decision on the Affordable Care Act (“ACA”) allows states to opt out of the ACA’s Medicaid expansion provisions. Many states have stated their Medicaid expansion plans definitively; however, not all […]