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7 Jul 2014, 8:34 am by Cynthia Marcotte Stamer
Late last month, the Department of Health & Human Services Office of Civil Rights (HHS) announced that complaints of a retiring physician over the mishandling of her patient records by Parkview Health System, Inc. [read post]
7 Jul 2014, 6:54 am
 Even accepting the fiction that HHS was simply doing Congress’s unexpressed will and not simply reflecting the Obama Administration’s political and ideological priorities, HHS then used its authority to provide various exemptions to this package, in particular for religious non-profits. [read post]
6 Jul 2014, 1:08 pm by Marty Lederman
  Here, too, however, the Court pulled back without resolving that question: "In the end, however, we need not rely on the option of a new, government-funded program in order to conclude that the HHS regulations fail the least-restrictive-means test. [read post]
6 Jul 2014, 7:46 am
If all this is true, why didn’t HHS simply modify the form to begin with (or announce plans to do so after the Little Sisters injunction)? [read post]
4 Jul 2014, 10:43 am by Marty Lederman
[Originally published in slightly different form at SCOTUSblog, together with an excellent supplemental post by Tom Goldstein, as to which I've incorporated a couple of responses, noted herein.]By a 6-3 vote yesterday afternoon, the Supreme Court issued this interim order in an “ACA contraceptive coverage” case brought by a religious nonprofit organization, Wheaton College:If the applicant informs the Secretary of Health and Human Services in writing that it is a non-profit… [read post]
4 Jul 2014, 6:00 am
For certain values of "Independence:""HHS releases 1,296 pages of regulations ahead of holiday weekend"The new reg's deal with provider reimbursement rates.They've been increased by -2.9% (give-or-take).Original content copyright © InsureBlog [read post]
3 Jul 2014, 4:09 pm
Although the order does not resolve the merits of Wheaton’s claim, it does suggest that there might be less restrictive alternative to the existing HHS accommodation. [read post]
3 Jul 2014, 12:18 pm by Elizabeth Litten
The majority notes that the Department of Health and Human Services (HHS) has effectively exempted certain religious nonprofit organizations (“eligible organizations”) from the contraceptive mandate imposed by the Affordable Care Act (ACA). [read post]
3 Jul 2014, 9:58 am by Betsy McKenzie
The Food and Drug Administration (FDA) and Health and Human Services' Office for Human Research Protections (HHS' OHRP) are the two main agencies, and CFR main sections are 21 CFR Part 56 (FDA regulations on Institutional Review Boards), and 45 CFR Part 46 (the Common Core or Common Rule, from ORHP) are the most important and useful regulations. [read post]
3 Jul 2014, 6:51 am by O. Carter Snead
Does the Court’s decision offer support to these religious non-profits as they continue to challenge the HHS mandate? [read post]
2 Jul 2014, 6:49 pm by Sabrina I. Pacifici
Agency for Healthcare Research and Quality – HHS – “Report provides important reassurances about the safety of commonly used vaccines. [read post]
2 Jul 2014, 4:00 pm by Gerry W. Beyer
Department of Health and Human Services (HHS) issued a press release on June 23, 2014 stating that it had reached a Resolution Agreement with Parkview Health System, a nonprofit Indiana health provider. [read post]
2 Jul 2014, 2:42 pm by Michael P. Waxman
The Court’s failure to address how HHS might interpret the meaning of these terms is reasonable considering that HHS has not acted to interpret the meaning of a “sincere religious belief” or a “closely held corporation” in the context of the ACA. [read post]
2 Jul 2014, 12:40 pm by Andrew Pincus
  First, it assumed that the compelling interest standard was satisfied; as Justice Kennedy stated in his concurring opinion:  “It is important to confirm that a premise of the Court’s opinion is its assumption that the HHS regulation here at issue furthers a legitimate and compelling interest in the health of female employees. [read post]
2 Jul 2014, 11:43 am by Tom Smith
He anticipated the loophole in yesterday’s Hobby Lobby decision: Even if the feds can’t require a (closely held) corporation to cover contraception for its employees, there’s nothing stopping HHS from requiring insurers to cover it for “free,” i.e. through a cost-spreading mechanism that ropes in the wider population. [read post]
2 Jul 2014, 9:24 am
The fact that HHS offered an accommodation to some religious groups was evidence that the contraception mandate necessarily failed the “least restrictive alternative” requirement under RFRA. [read post]
1 Jul 2014, 3:55 pm by Debra A. McCurdy
Today CMS released its proposed rule to update Medicare home health prospective payment system (HH PPS) rates for CY 2015. [read post]