One of President Donald Trump’s first official acts, an executive order directing federal agencies to ease Affordable Care Act burdens, shouldn’t have any effect on litigation concerning various aspects of the health-care reform law.
Tom Bulleit, who heads the health-care practice in Ropes & Gray LLP’s Washington office, told me the order has nothing to do with the lawsuits. The Department of Justice is defending numerous claims against the government, ranging from those brought by health insurers seeking ACA risk corridor payments to religious nonprofit organizations that don’t want to be compelled to provide insurance covering products and services they deem sinful.
The Trump DOJ might decide to cease defending the cases, but the agency has had that power all along, Bulleit said. It’s possible the DOJ might use the executive order as “cover” should it stop participating in the cases, but it doesn’t need to, he said.
Tim Jost, a well-known health-policy wonk, said the order may cause the DOJ to review its litigation stance in several cases. But he and Josh Blackman, who opposes the ACA, agreed the executive order doesn’t compel the DOJ to any particular action, even in U.S. House of Representatives v. Burwell, the high-profile case holding that cost-sharing payments the HHS made to insurers were illegal because Congress hadn’t appropriated the money for them. The decision is on appeal, but the appeal has been halted so the Trump administration can weigh in.
Trump’s executive order will no doubt have significant ramifications throughout the health-care industry, but maybe not so much on pending litigation.
Read the full story here.
Stay on top of new developments in health law and regulation with a free trial to the Health Law Resource Center.
Learn more about Bloomberg Law and sign up for a free trial.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)