5 healthcare legal battles the post-Kennedy Supreme Court could decide
SUPREME COURT NOMINEE BRETT KAVANAUGH will soon make the rounds on Capitol Hill meeting senators ahead of what’s sure to be a contentious confirmation process. A handful of critical healthcare issues could make their way to the high court in the near future. 1 Texas v. Azar
Twenty Republican state attorneys general are suing to invalidate the Affordable Care Act’s insurance market rules and consumer protections because Congress zeroed out the individual mandate penalty. Although critical of the ACA, Kavanaugh has dismissed legal challenges to it.
2 Stewart v. Azar
A federal district judge in Washington, D.C., last month invalidated approval of Kentucky’s Medicaid work requirement waiver, saying the HHS secretary didn’t adequately consider if it was consistent with the program’s objective of providing coverage. The Trump administration is expected to appeal, since it wants to encourage work requirements. Kavanaugh has been tough in scrutinizing discretionary decisions by agencies.
3 Planned Parenthood of Kansas v. Andersen; Planned Parenthood Gulf Coast v. Gee
The Supreme Court is weighing whether to review two conflicting appellate decisions on whether patients can challenge state decisions to exclude Planned Parenthood from giving family planning and women’s health services to Medicaid patients. In a 2015 dissent, Kavanaugh wrote that employers have the right to deny employees ACA-mandated contraceptive coverage.
4 Recovering ACA risk-corridor and cost-sharing reduction payments
Insurers may appeal a decision last month by a federal appellate court in Washington, D.C., denying recovery of billions of dollars in unpaid risk-corridor funds meant to offset exchange plan losses. Insurers also have sued as a class to recover billions in costsharing reduction payments cut off by the Trump administration last year. In addition, they may challenge the CMS’ recent decision to halt ACA risk-adjustment payments.
5 Trump administration rule expanding association health plans
Democratic attorneys general in New York and Massachusetts plan to challenge the administration’s new rule making it easier for small firms and individuals to band together across state lines in association health plans governed by the federal ERISA law. They say the rule violates ERISA and the Administrative Procedure Act. Kavanaugh is an expert on the APA.