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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.
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.
Amicus Brief: Hospital Groups Urge Appeals Court to Uphold 340B Requirements In Contract Pharmacy Case
The AHA, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, and Children’s Hospital Association yesterday filed a friend-of-the-court brief urging the U.S. Courts of Appeals for the 3rd Circuit 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 in 6th Circuit Case on PREP Act Immunity
The AHA today joined the U.S. Chamber of Commerce and American Medical Association in urging the 6th Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.
“Over a decade ago, Congress recognized the possibility of a nationwide public health emergency much like COVID-19, and expressly provided certain protections for those on the front line of responding to it, in the PREP Act,” the friend-of-the-court brief (LINK) states. “…Rather than leave the adjudication of disputes arising from a national emergency response to disparate state courts across the country, Congress established an exclusive federal remedial scheme and expressly preempted state law that might interfere with that scheme.”
Amicus Brief: AHA, US Chamber of Commerce and AMC Re: Hospital Retirement Plan Case
AHA, the U.S. Chamber of Commerce and the Association of American Medical Colleges in a friend-of-the-court brief asks the U.S. District Court for the District of Massachusetts to dismiss a lawsuit alleging that Beth Israel Deaconess Medical Center violated its fiduciary duties by selecting a retirement plan with excessive fees or poorly performing investments.
Amicus Brief: AHA, Hospital Groups Urge Appeals Courts to Uphold 340B Requirements Re: Sanofi-Aventis U.S. v. HHS et al
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: AHA Urges Supreme Court to Reverse 9th Circuit Decision Re: Axon Enterprise Inc. v. FTC, et al
The AHA urges the U.S. Supreme Court to reverse a 9th Circuit decision that impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures and existence.
Amicus Brief of AHA, Others in Yale New Haven ERISA Retirement Plan Management Case in CT Federal District Court
The Chamber of Commerce of the United States of America (“Chamber”), the American Hospital Association (“AHA”), and the Association of American Medical Colleges (“AAMC”) respectfully move for leave to file a brief as amici curiae in the above-captioned case in support of Defendants’ motion to dismiss.