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HHS Issues Final Remedy for Its Unlawful 340B Payment Cuts from 2018 to 2022
Following last year’s unanimous Supreme Court decision in favor of the AHA and others, the Department of Health and Human Services Nov. 2 issued a final rule outlining the agency’s remedy for the unlawful payment cuts to certain hospitals that participate in the 340B Drug Pricing Program.
District court invalidates additional No Surprises Act regulations
The U.S. District Court for the Eastern District of Texas for a third time ruled to set aside certain regulations implementing the No Surprises Act.
Amicus Brief: Southern Baptist Hospital of Florida, Inc. Vs Jean Charles Jr. Guardian Marie Charles Et Al
Amicus Brief: Southern Baptist Hospital of Florida, Inc. Vs Jean Charles Jr. Guardian, Marie Charles Et Al
As urged by AHA, Supreme Court rules government can dismiss FCA case over relator’s objection
When someone known as a “relator” brings a False Claims Act lawsuit on behalf of another party, the federal government may seek to dismiss the FCA action over the relator’s objection, so long as it intervened sometime during or after the litigation, the Supreme Court ruled June 16.
Resource on Withdrawal of Health Care Antitrust Policy Statements
The Department of Justice in February abruptly withdrew three policy statements on health care antitrust enforcement.
Litigation
This page contains materials related to AHA’s current and active policy-related litigation.
DOJ’s Surprise Withdrawal of the Health Care Antitrust Policy Statements
In early February 2023, a senior U.S. Department of Justice Antitrust Division (DOJ) official
abruptly announced that DOJ had withdrawn three longstanding statements of antitrust
enforcement policy in health care (Policy Statements).
AHA, AHIP urge Supreme Court to reject government’s interpretation of FCA
The AHA and AHIP today filed a friend-of-the-court brief in a False Claims Act case before the U.S. Supreme Court, arguing that the federal government’s erroneous construction and expansion of the FCA threatens the legitimate business activities of every government contractor, hospital, healthcare provider, health insurance provider, and grant recipient in the nation.
AHA and AHIP File Joint Amicus Brief
Today, the American Hospital Association (AHA) and AHIP filed a joint amicus brief in United States v. Supervalu Inc. v. Safeway Inc. In the brief, the organizations argue that the federal government’s “erroneous construction and expansion of the FCA [False Claims Act] threatens the legitimate business activities of every government contractor, hospital, healthcare provider, health insurance provider, and grant recipient in the nation,” and would “ultimately divert resources away from the primary missions of AHA’s and AHIP’s members: caring for patients, reducing the cost of care, and ensuring a healthy citizenry.”