News & Analysis as of

Department of Health and Human Services (HHS) Constitutional Challenges

Morgan Lewis

16 States Challenge Gender-Affirming Care EO as DOJ Scrutinizes Hospitals, Doctors, and Pharma Manufacturers

Morgan Lewis on

On August 1, 2025, 16 state attorneys general filed a complaint in federal court in Massachusetts against the US administration seeking a declaratory judgment that President Trump’s January 28, 2025 Executive Order 14187,...more

Wiley Rein LLP

UPDATE: Trump Administration Asks Supreme Court to Stay Order Blocking NIH Grant Cancellations

Wiley Rein LLP on

On July 24, 2025, the Trump Administration turned to the U.S. Supreme Court to block U.S. District Judge Young’s preliminary injunction prohibiting the National Institutes of Health (NIH) from cutting hundreds of grant...more

Goodwin

Health Headlines: July 2025

Goodwin on

Welcome to the sixth issue of Health Headlines, a newsletter created by lawyers in our Healthcare practice....more

King & Spalding

The Fourth Circuit Rejects a Non-Delegation Doctrine Challenge to the Anti-Kickback Statute

King & Spalding on

On July 22, 2025, the Fourth Circuit published its opinion in United States v. Donald Booker, No. 23-461, affirming a 200-month prison sentence for the owner of United Youth Care Services, which billed North Carolina’s...more

Snell & Wilmer

Federal Court Vacates Key Provisions of HIPAA Privacy Rule on Reproductive Healthcare

Snell & Wilmer on

On June 18, 2025, the U.S. District Court for the Northern District of Texas issued a ruling in Purl v. United States Department of Health and Human Services, vacating most of the Health and Human Services (HHS) Office for...more

Fisher Phillips

SCOTUS Allows Enforcement of ACA’s Preventive-Care Mandates But Opens Door for Political Influence: Key Points for Group Health...

Fisher Phillips on

The federal government may continue to enforce the Affordable Care Act’s preventive-care mandates, thanks to the Supreme Court’s recent decision in Kennedy v. Braidwood Management. In a 6-3 bipartisan opinion written by...more

Holland & Knight LLP

Holland & Knight Health Dose: July 8, 2025

Holland & Knight LLP on

With the reconciliation package signed into law, the U.S. House of Representatives is in recess and will return on July 14, 2025. In the interim, the U.S. Senate will focus on the appropriations bills for fiscal year (FY)...more

Latham & Watkins LLP

Senators Introduce Legislation to Restrict Direct-to-Consumer Drug Advertising

Latham & Watkins LLP on

On June 12, 2025, Senators Bernie Sanders (I-Vt.) and Angus King (I-Maine) introduced the End Prescription Drug Ads Now Act, with Senators Chris Murphy (D-Conn.), Peter Welch (D-Vt.), Jeff Merkley (D-Ore.), and Dick Durbin...more

Hogan Lovells

Supreme Court affirms constitutionality of U.S. Preventive Services Task Force

Hogan Lovells on

On June 27, 2025, the Supreme Court in Kennedy v. Braidwood Management, Inc. upheld the structure of the U.S. Preventive Services Task Force (USPSTF, or “Task Force”), overturning a Fifth Circuit decision that had ruled that...more

Warner Norcross + Judd

U.S. Supreme Court Preserves Preventive Care Coverage Under the ACA

On June 27, 2025, the U.S. Supreme Court issued its decision in Kennedy v. Braidwood Management, Inc., rejecting a constitutional challenge to the Affordable Care Act’s (ACA) preventive services mandate. The Supreme Court...more

King & Spalding

Supreme Court Decision Is A Win for Preventative Services Providers

King & Spalding on

Last week, in a 6-3 decision, the Supreme Court overturned a Fifth Circuit decision holding that HHS-appointed United States Preventative Task Force (USPTF) members are inferior officers that do not need to be approved by the...more

King & Spalding

Texas Court Overturns Biden Administration’s Expansion of Abortion Privacy

King & Spalding on

On June 18, 2025, Judge Matthew Kacsmaryk of the Northern District of Texas vacated the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to Support Reproductive Health Care Privacy (the Rule). The...more

Ballard Spahr LLP

Two Recent Supreme Court Injunction Rulings Support Affordable Care Act

Ballard Spahr LLP on

Two recent U.S. Supreme Court rulings support provisions of the Affordable Care Act, one directly and one indirectly....more

Holland & Hart - Health Law Blog

Federal Court Vacates HIPAA Reproductive Health Rule

As anticipated, a Texas federal district court has vacated the HIPAA Reproductive Health Rule (the “Rule”) nationwide. (Memorandum Opinion and Order, Purl v. HHS, 2:24-CV-228-Z (N. Dist. Tex (Jun. 18, 2025), available here)....more

Seyfarth Shaw LLP

SCOTUS on ACA Challenge: Seriously Guys, We’re Doing This Again?

Seyfarth Shaw LLP on

In a closely watched decision, the Supreme Court has upheld the authority of the U.S. Preventive Services Task Force (Task Force), preserving the Affordable Care Act’s (ACA) requirement that health plans cover preventive...more

Foley & Lardner LLP

Gender-Affirming Care: What the Supreme Court’s Ruling in Skrmetti Means for Health Care Providers Nationwide

Foley & Lardner LLP on

On June 18, 2025, the U.S. Supreme Court delivered a major decision in United States v. Skrmetti, allowing Tennessee’s ban on gender-affirming care for minors to take effect. The ruling reflects a substantial realignment in...more

Stoel Rives - Health Law Insider®

Nationwide Impact: HIPAA Reproductive Health Care Privacy Rule Vacated

On June 18, 2025, the U.S. District Court for the Northern District of Texas invalidated provisions of the HIPAA Privacy Rule To Support Reproductive Health Care Privacy (2024 Rule) in the case of Purl v. United States Dep’t...more

Sheppard Mullin Richter & Hampton LLP

The State of Reproductive Healthcare Privacy

Since the Dobbs v. Jackson Women’s Health Organization decision (which overturned the landmark Roe v. Wade decision), the healthcare industry has continued to grapple with renewed concerns over patient privacy and...more

Goodwin

Health Headlines: June 2025

Goodwin on

Welcome to the seventh issue of Health Headlines, a newsletter created by lawyers in our Healthcare practice. Iowa Governor Kim Reynolds signed Senate File 383 into law, placing new restrictions on pharmacy benefit...more

Alston & Bird

Texas Court Strikes Down 2024 HIPAA Reproductive Health Care Rule

Alston & Bird on

A Texas federal court has vacated a 2024 HIPAA rule that created special protections for reproductive health care information. Our Health Care Group examines the ruling and its impact on health care providers and plan...more

Davis Wright Tremaine LLP

HIPAA Attestation Requirement Is No More

On June 18, 2025, in Purl v. U.S. Dep't of Health and Human Services, the U.S. District Court for the Northern District of Texas vacated the 2024 amendments to the HIPAA Privacy Rule that enhanced certain privacy protections...more

Ballard Spahr LLP

Court Vacates HIPAA Reproductive Information Privacy Regulations

Ballard Spahr LLP on

A federal district court has vacated a federal regulation under HIPAA that provided special restrictions on the disclosure of reproductive health information....more

Stevens & Lee

HIPAA Final Rule on Reproductive Health Care Privacy Struck Down

Stevens & Lee on

In June 2024, the U.S. Department of Health & Human Services’ Office for Civil Rights (HHS) issued a Final Rule modifying the HIPAA Privacy Rule to enhance reproductive health care privacy affecting all HIPAA covered entities...more

Foley Hoag LLP

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

Foley Hoag LLP on

I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

King & Spalding

Affordable Care Act Preventative Care Mandate At Risk Pending Supreme Court Decision

King & Spalding on

A case pending before the Supreme Court could jeopardize the Affordable Care Act’s (ACA) mandate that certain preventive services be provided on a first dollar coverage basis to plan members. Kennedy v. Braidwood Management...more

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