/ en Tue, 19 Aug 2025 03:11:57 -0500 Thu, 07 Aug 25 16:06:40 -0500 /news/headline/2025-08-07-aha-files-brief-supreme-court-defending-states-affidavit-merit-requirements-federal-court <p>The AHA Aug. 7 filed an <a href="https://www.supremecourt.gov/DocketPDF/24/24-440/369024/20250806144953603_HF%20%20Berk%20v%20Choy%20Amicus%20Br%20%20Final.pdf">amicus brief</a> in the Supreme Court in defense of states鈥� affidavit of merit requirements in federal court, which require plaintiffs to file a report from a health care provider affirming that a medical malpractice claim has merit before the case can proceed. The Supreme Court is considering the issue after an individual鈥檚 lawsuit was dismissed by a district court because the individual did not file an affidavit of merit as required under state law.  <br>  <br>鈥淯nfounded suits force hospitals and doctors to divert time and resources from patient care to litigation,鈥� the AHA wrote. 鈥淎ffidavit of merit requirements like Delaware鈥檚 are an important tool in combating frivolous lawsuits.鈥� </p> Thu, 07 Aug 2025 16:06:40 -0500 Litigation /news/headline/2025-07-01-district-court-rules-favor-tennessees-340b-contract-pharmacy-law <p>The U.S. District Court for the Middle District of Tennessee June 30 <a href="https://sponsors.aha.org/rs/710-ZLL-651/images/07012025-MD_TN_PI_DENIAL.pdf?version=0">denied</a> a motion for a preliminary injunction by AbbVie in its lawsuit against the state鈥檚 law on 340B pricing for contract pharmacy arrangements. The Tennessee law prohibits drug companies from denying hospitals the same 340B discounts for drugs dispensed at community pharmacies that would be provided via in-house pharmacies. The AHA June 4 filed an <a href="/amicus-brief/2025-06-04-aha-files-brief-defending-tennessees-340b-contract-pharmacy-law">amicus brief</a> in the case that defends the state law. AbbVie claims the state law is unconstitutional. <br> </p> Tue, 01 Jul 2025 17:05:27 -0500 Litigation /news/headline/2025-03-11-aha-brief-urges-court-oppose-motion-multiplan-end-antitrust-case <p>The AHA March 10 filed a <a href="/amicus-brief/2025-03-11-aha-amicus-brief-challenges-multiplan-inc-motion-dismiss-antitrust-litigation">friend-of-the-court brief</a> in the U.S. District Court for the Northern District of Illinois, urging the court to oppose a motion by data analytics firm MultiPlan to dismiss claims that the company conspired with insurers to reduce out-of-network reimbursements for hospitals and health systems.  <br><br>鈥淸I]t is imperative that courts hold commercial insurers to the same standards as everyone else,鈥� AHA wrote. 鈥淚f, as Plaintiffs allege, MultiPlan has facilitated collusion among commercial insurers throughout the country, this Court鈥檚 intervention will help preserve the viability of many struggling hospitals that cannot survive without competitive reimbursements.鈥� <br> <br>The Federation of 黑料正能量s joined the AHA in the filing. </p> Tue, 11 Mar 2025 16:04:32 -0500 Litigation /news/headline/2025-02-24-aha-urges-supreme-court-reverse-5th-circuit-ruling-task-force-charge-coverage-preventive-care-services <p>The AHA Feb. 24 filed a <a href="/amicus-brief/2025-02-24-aha-amicus-brief-supreme-court-challenges-5th-circuit-ruling-preventive-care-service-coverage">friend-of-the-court brief </a>in the Supreme Court, urging the court to reverse a ruling by the U.S. Court of Appeals for the 5th Circuit that would jeopardize cost-free access to certain preventive services covered by the Affordable Care Act. The 5th Circuit last year partially <a href="/news/headline/2024-06-21-court-narrows-district-court-injunction-aca-preventative-services-requirement">affirmed</a> a lower court judgement that the Preventive Services Task Force violates the Appointments Clause of the Constitution.  <br> <br>鈥淭he Fifth Circuit鈥檚 decision impedes access to these vital preventive services,鈥� AHA wrote. 鈥淚f upheld, millions of patients may have to pay out-of-pocket or be subject to cost-sharing for many of these treatments... The cumulative societal impact of reimposing cost barriers to these services will be monumental, leading to undiagnosed diseases, shorter lifespans, and higher healthcare spending for everyone.鈥�  <br> <br>Joining AHA in the filing were the Catholic Health Association of the United States, Federation of 黑料正能量s, America's Essential Hospitals and the Association of American Medical Colleges.</p> Mon, 24 Feb 2025 16:00:45 -0600 Litigation /news/headline/2025-01-13-chamber-commerce-files-lawsuit-against-ftc-changes-premerger-notification-rules <p>The U.S. Chamber of Commerce Jan. 13 filed a <a href="https://www.uschamber.com/assets/documents/Complaint-Chamber-of-Commerce-v.-FTC-E.D.-Tex.pdf">lawsuit</a> against the Federal Trade Commission, saying changes made by the FTC to premerger notification rules under the Hart-Scott-Rodino Act are 鈥渦nnecessary and unlawful.鈥�</p><p>In a statement, the Chamber said the FTC 鈥渉as failed to justify the need to subject every merger filing to its new burden. During the rulemaking process it never contemplated alternative, less burdensome approaches and understates the costs and overstates the benefits of changing the rule as part of its final analysis. Subjecting thousands of routine mergers and acquisitions to these additional burdens will slow down normal business transactions and increase costs, hurting the economy in the process.鈥�</p><p>The FTC finalized changes to the premerger notification rules, form and instructions under the HSR Act in October. The AHA expressed disappointment with the FTC's changes, <a href="/news/headline/2024-10-11-ftc-issues-ruling-premerger-notification-rules-increases-burden-merging-organizations">saying</a> that the rule 鈥渇unctions as little more than a tax on mergers... The agency already has more than enough information about hospital transactions, and it has shown no hesitation in challenging them. The final rule will just require hospitals to divert time and resources away from patient care towards needless compliance costs.鈥�</p> Mon, 13 Jan 2025 17:02:45 -0600 Litigation /news/headline/2024-12-16-house-judiciary-committee-investigate-cvs-caremark-potential-antitrust-violations <p>Members of the House Judiciary Committee last week <a href="https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2024-12-12%20JDJ%20Massie%20to%20CVS%20re%20PBMs.pdf">announced</a> an investigation of CVS Caremark for potential practices that could limit patient access to innovative services provided by some independent pharmacies. In a letter to CVS Health President and CEO David Joyner, House Judiciary Committee Chairman Jim Jordan, R-Ohio, and Rep. Thomas Massie, R-Ky., chairman of the House Subcommittee on the Administrative State, Regulatory Reform and Antitrust, said that large pharmacy benefit managers such as CVS Caremark 鈥渃an influence independent pharmacies because losing 鈥榠n-network鈥� status with one of the large PBMs can mean that an independent pharmacy can no longer afford to serve the community that relies on its services.鈥�</p><p>Jordan and Massie also noted a subcommittee hearing in September when witnesses were asked if a large PBM could stifle independent pharmacies if they worked with companies that bypass the PBM network. The congressmen said PBMs 鈥渓ikely do have the power to stifle innovation in that way, and in particular, one witness replied that this type of conduct 'probably happens.'鈥�</p> Mon, 16 Dec 2024 16:02:58 -0600 Litigation /news/headline/2024-11-18-aha-files-brief-defend-ruling-favor-mississippis-340b-contract-pharmacy-law <p>The AHA Nov. 15 filed friend-of-the-court briefs in the U.S. Court of Appeals for the <a href="/amicus-brief/2024-11-18-aha-others-challenge-phrma-court-filings-defend-mississippis-340b-contract-pharmacy-law">5th Circuit</a> in support of an earlier denial by the U.S. District Court for the Southern District of Mississippi of preliminary injunctions sought by Novartis and PhRMA against enforcement of the state's 340B contract pharmacy law. The law preserves 340B discounts for drugs dispensed at community pharmacies. <br><br>The AHA also filed friend-of-the-court briefs in the <a href="/amicus-brief/2024-06-18-amicus-brief-aha-defends-mississippi-law-protect-340b-pricing-contract-pharmacies-june-18-2024">Southern District of Mississippi</a> prior to the court鈥檚 denial of the injunctions in July. The AHA has filed briefs in similar cases elsewhere, including in the U.S. Court of Appeals for the <a href="/news/headline/2023-04-17-aha-urges-8th-circuit-uphold-arkansas-law-protecting-340b-contract-pharmacies">8th Circuit</a>, which upheld a similar law in Arkansas.<br> <br>Joining AHA in the Nov. 15 filings were 340B Health, the Mississippi Hospital Association, the Rural Hospital Alliance and the American Society for Health-system Pharmacists.</p> Mon, 18 Nov 2024 16:02:02 -0600 Litigation /amicus-brief/2024-10-24-amicus-brief-ahatha-nurse-staffing-rule-amicus-brief-ahca-v-becerra-litigation <p class="text-align-center"><strong>UNITED STATES DISTRICT COURT</strong><br><strong>FOR THE NORTHERN DISTRICT OF TEXAS</strong><br><strong>AMARILLO DIVISION</strong></p><p>AMERICAN HEALTH CARE<br>ASSOCIATION; LEADING AGE; TEXAS<br>HEALTH CARE ASSOCIATION;<br>ARBROOK PLAZA; BOOKER HOSPITAL<br>DISTRICT; HARBOR LAKES NURSING<br>& REHABILITATION CENTER,</p><p>                                                          <em>Plaintiffs, </em> <br>    <br>                                                               Nos. 2:24-cv-00114-Z-BR (lead case)                                    <br>                                                                2:24-cv-00171 (consolidated case)</p><p>STATE OF TEXAS,</p><p>                                                          <em>Consolidated</em><br><em>                                                          Plaintiff,</em></p><p>                               v.</p><p>XAVIER BECERRA, in his official capacity<br>as Secretary of the United States<br>Department of Health and Human Services;<br>UNITED STATES DEPARTMENT OF<br>HEALTH AND HUMAN SERVICES;<br>CHIQUITA BROOKS-LASURE, in her<br>official capacity as Administrator of the<br>Centers for Medicare & Medicaid Services;<br>CENTERS FOR MEDICARE &<br>MEDICAID SERVICES,</p><p>                                                      <em>      Defendants.</em></p><p> </p><p class="text-align-center"><strong>BRIEF OF THE AMERICAN HOSPITAL ASSOCIATION</strong><br><strong>AND THE TEXAS HOSPITAL ASSOCIATION</strong><br><strong>AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS</strong><br>                                                          <br><br>             </p> Thu, 24 Oct 2024 14:42:01 -0500 Litigation /news/headline/2024-10-07-aha-files-amicus-brief-minnesota-defending-its-340b-contract-pharmacy-law <p>The AHA, 340B Health, the Minnesota Hospital Association and American Society of Health-system Pharmacists Oct. 4 filed an <a href="/amicus-brief/2024-10-07-amicus-brief-motion-dismiss-astrazeneca-pharmaceuticals-lp-v-attorney-general-minnesota-340b-litigation">amicus brief</a> in the U.S. District Court for the District of Minnesota, defending the state's law protecting 340B pricing for contract pharmacy arrangements.  <br> <br>The AHA has filed similar briefs in a number of other states, including most recently in <a href="/amicus-brief/2024-08-29-aha-others-file-brief-missouri-prevent-injunction-against-340b-pricing-contract-pharmacy-arrangements">Missouri</a> and <a href="/system/files/media/file/2024/09/aha-others-unopposed-motion-to-file-oversize-amicus-brief-in-support-of-defendants-opposition-to-phrma-and-abbvies-preliminary-injunction-motions-8-16-2024.pdf">West Virginia</a>. Comparable laws have survived similar challenges in <a href="/news/headline/2024-09-30-louisiana-district-court-upholds-state-340b-contract-pharmacy-law">Louisiana</a> and <a href="/news/headline/2024-09-09-report-district-court-denies-preliminary-injunction-upholding-maryland-law-protecting-340b-pricing">Maryland</a>.</p> Mon, 07 Oct 2024 16:06:43 -0500 Litigation /news/headline/2024-10-07-aha-files-amicus-brief-challenging-district-court-decision-rendering-idr-awards-unenforceable <p>The AHA filed an amicus <a href="/amicus-brief/2024-10-04-amicus-brief-guardian-flight-llc-med-trans-corporation-v-health-care-service-corporation">brief</a> Oct. 4 in the U.S. Court of Appeals for the 5th Circuit challenging a decision by the U.S. District Court for the Northern District of Texas, which ruled that independent dispute resolution awards under the No Surprises Act are judicially unenforceable. The AHA argued the district court's decision was inconsistent with longstanding interpretations of the law and would threaten serious harm to providers. <br> <br>"[T]he district court interpreted the NSA to render entire sections of it nugatory," AHA wrote. "There is no need for an IDR process 鈥� or any of the NSA鈥檚 other payment mechanisms 鈥� if nothing requires insurers to render payment upon an IDR determination." The district court鈥檚 interpretation of the No Surprises Act 鈥済ives insurers significant leverage to demand confiscatory discounts from out-of-network providers, as well as to exact across-the-board rate cuts from in-network providers鈥� Both in- and out-of-network providers will thus find themselves perpetually underpaid or even uncompensated for their valuable services, and patients will lose providers and critical care as a result,鈥� the brief notes. <br><br>The American Medical Association, Federation of 黑料正能量s and the Texas Medical Association joined AHA in the brief.</p> Mon, 07 Oct 2024 16:03:25 -0500 Litigation