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Amicus Brief: AHA, AMA Brief Supports No Surprises Act Dispute Resolution Challenge
The AHA and American Medical Association friend-of-the-court brief in support of a Texas Medical Association lawsuit claiming the revised independent dispute resolution process for determining payment for out-of-network services under the No Surprises Act skews the arbitration results in commercial insurers’ favor in ways that violate the compromise Congress reached in the Act.
Amicus Brief: AHA, Hospital Groups Urge Appeals Courts to Uphold 340B Requirements Re: Novartis-United Therapeutics Corp. v. Johnson
The AHA, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, and Children’s Hospital Association yesterday urged the U.S. Courts of Appeals for the 3rd and District of Columbia Circuits to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.
Amicus Brief of AHA, Others on Glenhaven Healthcare LLC v. Jackie Saldana PREP Act Immunity Case
The AHA yesterday joined the U.S. Chamber of Commerce and other national organizations in urging the Supreme Court to review a 9th Circuit decision holding that the Public Readiness and Emergency Preparedness Act of 2005 does not provide complete immunity from tort liability for health care providers and other covered entities during the COVID-19 pandemic, “upending Congress’s carefully calibrated scheme.”
Reply in Support of Plaintiffs’ Motion to Hold Unlawful and Remedy Defendants’ Past Underpayment of 340b Drugs
The U.S. District Court for the District of Columbia should reject the Department of Health and Human Services’ request to devise on its own timeline a remedy for its 2018 and 2019 underpayments to 340B hospitals, with no limitations and no oversight by the court, AHA told the D.C. court today.
Judge Orders HHS to Immediately Halt Unlawful Reimbursement Cuts for Remainder of 2022
Judge orders HHS to immediately halt unlawful reimbursement cuts for remainder of 2022 re: 340B.
Amicus Briefs
The AHA weighs in on a number of issues of importance to hospitals and health systems, as well as the patients they care for, as they come before the court. Below are our most recent friend-of-the-court briefs.
Plaintiffs’ Opposition to Defendant’s Motion to Modify This Court’s Mandamus Order Re Medicare Appeals
AHA urges the U.S. District Court for the District of Columbia to deny the Department of Health and Human Services’ request to modify a court order requiring it to completely eliminate the remaining 19,802 Medicare appeals backlogged at the Administration Law Judge level. HHS now contends that it cannot fully comply with the order, stating that “it is unlikely that the backlog could be reduced completely to zero by the end of the fiscal year.”
Amicus Brief: AHA, AAMC in Support of the United States’ Motion for Preliminary Injunction Re: US v the State of Idaho
The AHA and Association of American Medical Colleges amicus brief in support of the federal government’s motion for preliminary injunction for an Idaho law, which is slated to go into effect Aug. 25. At issue is whether the state law can coexist with the federal Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to stabilize care for those in an emergency medical condition.
AHA's Reply in Support of Plaintiffs’ Motion to Vacate the Unlawful Portion of the 2022 OPPS Rule Re: 340B
AHA files reply brief as district court considers 340B payment remedy for the remainder of 2022.
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