Courts have their say

The federal courts wielded a significant amount of influence over healthcare policy in 2019. Here’s a rundown of some major lawsuits:

INSURANCE PLANS: The Trump administration had mixed results defending rules to expand access to insurance plans that don’t adhere to the Affordable Care Act. Association health plans were partly blocked by a federal judge, while another court cleared expansion of short-term plans. Both issues are now before the U.S. Court of Appeals for the District of Columbia Circuit.

INSURANCE PAYMENTS: The Supreme Court hears oral arguments on Dec. 10 over whether the Trump administration owes insurers more than $12 billion in unpaid risk-corridor payments. Meanwhile, there’s ongoing litigation over cost-sharing reduction payments insurers say they are owed.

HOSPITAL PAYMENTS: The courts have blocked the CMS from instituting cuts to the 340B discount drug program and from implementing the site-neutral payment policy. Although appeals are pending, the agency included additional cuts in proposed payment rules for 2020.

WORK REQUIREMENTS: The CMS has been sued multiple times over its approval of waivers allowing states to impose work requirements on Medicaid beneficiaries. Waivers in Arkansas, Kentucky and New Hampshire were invalidated and will be reviewed by the D.C. Circuit.

PROVIDER CONSCIENCE RULE: Three courts have blocked the Trump administration from allowing healthcare providers to refuse to participate in abortions, sterilizations or other types of care they disagree with on religious or moral grounds.