During its 2021-2022 session, the Supreme Court will hear 31 cases. Eight of those cases involve some aspect of healthcare, including three cases that deal in some way with abortion. Below is a list of the cases involving healthcare that will be on the Supreme Court docket.
American Hospital Association v. Becerra: Under a federal program known as the 340B Drug Pricing Program, certain hospitals pay lower prices for drugs. In 2018 the Department of Health and Human Services decided Medicare would not reimburse those hospitals for those drugs at a price higher than the 340B price. Hospitals sued, saying that HHS interpreted Medicare statutes illegally. The court must decide whether “Chevron Deference” applies to HHS’s actions in this case. Chevron Deference is the principle that courts should defer to a government agency’s interpretation of the law as long as it is not unreasonable.
American Medical Association v. Becerra: In this case, the court must decide whether a rule imposed by the HHS regarding abortions services violates the “arbitrary-or-capricious” test of the Administrative Procedure Act. The Title X Family Planning Program is a federal grant program that helps low-income patients obtain family planning services. In 2019 the Trump administration, via HHS, issued new regulations under Title X that prevent family planning providers that receive Title X money from referring patients to abortion services. The AMA filed suit against the rule, arguing that it is arbitrary and capricious because, in making the rule, HHS did not recognize and address the ethical concerns of almost every major medical organization in the country.
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Becerra v. Empire Health Foundation: The Court must decide whether HHS can change the way Medicare reimburses hospitals for serving low-income patients. Empire Health has challenged HHS, saying that it did not follow proper rule-making procedures.
Cameron v. EMW Women’s Surgical Center, P.S.C.: In 2018, Kentucky outlawed the “dilation and evacuation” method of abortion. A federal district court ruled that it was a violation of Roe v. Wade, and it was upheld by the 6th Circuit Court of Appeals. The secretary of Kentucky’s Cabinet for Health and Family Services led the legal fight for the law but declined to pursue it further after the 6th Circuit ruling. Kentucky Attorney General Daniel Cameron, who assumed office in 2020, asked the 6th Circuit if he could defend the law in court, but the 6th Circuit denied his request. The Supreme Court will decide if Cameron has the authority to join the case.
CVS Pharmacy, Inc. v. Doe: In this case, HIV-AIDS patients are suing CVS pharmacies that provide them with HIV medication. To receive “in-network” prices, CVS maintains that these patients must receive the medication via specialty pharmacies or mail order. The HIV-AIDS patients claim that the medications should be made available to them at community pharmacies, where they can consult with pharmacists familiar with their medical backgrounds. The court must decide if CVS’s actions violate the disability portions of the Affordable Care Act.
Cummings v. Premier Rehab Keller, P.L.L.C.: Jane Cummings, who is legally blind and deaf, visited Premier Rehab to treat her back pain. She asked Premier to provide a sign-language interpreter during her therapy visits, and Premier declined. The court must determine if that is a violation of the Americans with Disabilities Act.
Dobbs v. Jackson Women’s Health Organization: Of the abortion cases the Supreme Court will hear in its next term, this one presents the biggest challenge to Roe v. Wade. In 2018. Mississippi passed the “Gestational Age Act,” which prohibits abortion after 15 weeks of pregnancy except in cases of medical emergencies or fetal abnormalities. The Jackson WHO, a pregnancy and abortion clinic, filed suit against the Act that same year. Generally, an unborn baby is not considered viable until the 24th week of pregnancy. Thus, the court will have to decide if pre-viability prohibitions on abortions are unconstitutional.
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Gallardo v. Marstiller: Gianinna Gallardo was a 13-year-old living in Florida in 2008 when she was struck by a truck. Florida’s Medicaid program paid over $ 862,000 for her care. Her parents later filed suit against the truck owner and were awarded $ 800,000 in damages. The state of Florida filed a lien against Gallardo’s parents, claiming it was entitled to $ 300,000 of the settlement. The Court will determine whether states can seek reimbursement from legal settlements under federal Medicaid law.