Category: Federal Litigation

New Guidance on Association Health Plans

The standards for Association Health Plans (AHPs) continue to be in flux at the Federal level following the Federal District Court ruling at the end of March that invalidated major portions of last summer’s final Federal rule on AHPs. Since the final rule was already in effect for fully insured AHPs and existing self-insured AHPs, ...

Health Policy News – April 2019

Introduction In this month’s edition of Health Policy News, we delve into two of last month’s breaking Federal litigation updates: the decisions issued in cases regarding the Association Health Plan Final Rule and the use and operationalization of Medicaid work requirements. As both decisions reverse course on recent health policy developments, we analyze their likely ...

Work Requirement Waiver Approvals Vacated in Kentucky and Arkansas

On March 27, 2019,  Judge James Boasberg of the United States District Court for the District of Columbia issued rulings on back-to-back cases addressing work requirement eligibility criteria included in Section 1115 waiver applications submitted by the states of Arkansas and Kentucky. Judge Boasberg again ruled against the implementation of a Medicaid work requirement in Kentucky, while ...

Court Ruling Invalidates Major Provisions of the New Association Health Plan Regulations

On March 28, 2019, Judge John D. Bates of the Federal District Court for the District of Columbia issued a ruling invalidating major provisions of last summer’s final rule on Association Health Plans (AHPs). The regulations—which were released by the U.S. Department of Labor (DOL) on June 19, 2018—established additional and more flexible criteria under ...

Health Policy News – March 2019

Introduction With the first quarter of the new year coming to a close, we are taking this opportunity to do a national review of major state health policy activity in 2019. Nineteen new governors were sworn into office in January, and many of them assumed office with health care at the top of their agendas. ...

Insights from the AHIP National Health Policy Conference

Last week, America’s Health Insurance Plans (AHIP) held its annual health policy conference (#AHIPPOLICY) in Washington DC, with top industry leaders, regulators and policy makers convened to provide diverse voices and perspectives on today’s most urgent health care issues. The conference themes were familiar and front-of-mind topics: tackling the opioid epidemic, rising prescription drug costs, data ...

Health Policy News December Edition

Introduction As in years past, the primary focus of the December edition is highlighting some of the important topics we wrote about in 2018, while also foreshadowing policy trends that we believe will be of particular importance to states in 2019. Before many of you take a break to spend time with family and friends, ...

A Preliminary Decision in the Newest Lawsuit Challenging the Affordable Care Act

On December 14th, a decision was published in the Texas v. U.S. case that challenged the validity of the Affordable Care Act (ACA). The case – which was brought by 20 states (“plaintiff states”) and later joined by two individual plaintiffs – contends that the “zeroing out” of the shared responsibility penalty through the 2017 ...

The latest news from D.C.

Following the failure in the Senate to pass various legislative proposals – the Better Care Reconciliation Act (the Senate version of repeal and replace), the straight repeal option, or the “skinny repeal” bill – last week, Senate leadership has continued to say that they are moving on to other agenda items for now. However, there still seem to be daily updates ...

Roundup of federal health policy developments

The debate over the future of the Affordable Care Act (ACA) is well-underway and there are a number of significant developments that warrant a closer look. Here we provide a roundup of recent developments. Administrative Action Upon entering office, President Trump signed two Executive Orders. The first, on January 20, entitled “Minimizing the Economic Burden ...