Amy Fouts

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Supreme Court Orders That Mifepristone Remain Widely Available Pending Appeal in Fifth Circuit

Photo of Amy FoutsPhoto of Scott P. RobertsonBy Amy Fouts and Scott P. Robertson on Posted in Post-Dodds
On Friday, April 7, the Northern District of Texas issued a decision blocking the prescribing and dispensing of mifepristone nationwide. The court held that plaintiffs had a substantial likelihood of success on the merits regarding their arguments that the FDA approval of the drug in 2000 was arbitrary and capricious. Accordingly, the court stayed the … Continue Reading

Challenge to the FDA’s Approval of Abortion Medication

Photo of Claire BassPhoto of Amy FoutsBy Claire Bass and Amy Fouts on Posted in Post-Dodds, Post-Roe
On Friday, April 7, both the Northern District of Texas and the Eastern District of Washington issued decisions impacting the FDA approval of the abortion drug mifepristone. The Texas decision blocks prescribing and dispensing of mifespristone nationwide, while the Washington decision enjoins the FDA from altering the status quo related to mifepristone. The discrepancy is … Continue Reading

FDA Approves Abortion Pill for Sale by Retail Pharmacies

Photo of Amy FoutsPhoto of Claire BassBy Amy Fouts and Claire Bass on Posted in Alert
On Jan. 3, the Food and Drug Administration (FDA) finalized a rule allowing more retail pharmacies to dispense abortion pills upon completion of a certification process. The FDA finalized the changes after reviewing supplemental applications from manufacturers of the drug mifepristone requesting modification of the Mifepristone Risk Evaluation and Mitigation Strategy (REMS) Program. Read full … Continue Reading

Georgia 6-Week Abortion Law Is Void Ab Initio

Photo of Amy FoutsPhoto of Claire BassBy Amy Fouts and Claire Bass on Posted in Alert
On Nov. 15, the Superior Court of Fulton County issued an order finding that two sections of the Georgia LIFE Act (the Act) – Sections 4 and 11 – were void ab initio. Section 4 of the Act criminalized abortions after the detection of a heartbeat (typically around six weeks into the pregnancy), with exceptions … Continue Reading

HHS, DOL and Treasury Say Limiting Birth Control Coverage Violates Federal Law

Photo of Amy FoutsPhoto of Claire BassBy Amy Fouts and Claire Bass on Posted in Healthcare
Authored by: Amy E. Fouts (Partner) and Claire M. Bass (Associate) On July 28, U.S. Department of Health and Human Services (HHS), alongside the Department of Labor (DOL) and the Department of Treasury, warned that limiting coverage of contraceptives following the U.S. Supreme Court ruling in Dobbs violates the Affordable Care Act (ACA).… Continue Reading

HHS Letter to Healthcare Providers About Emergency Medical Care

Photo of Amy FoutsPhoto of Claire BassBy Amy Fouts and Claire Bass on Posted in Healthcare
On Monday, July 11, 2022, the secretary of Health and Human Services (HHS) issued a letter to healthcare providers regarding the Emergency Medical Treatment and Active Labor Act (EMTALA), indicating that when a state law prohibits abortion and does not provide an exception that aligns with EMTALA’s emergency medical condition definition, that state law is … Continue Reading

IPPS Proposed Rule Increases Hospital Payment; Solicits Ideas for Achieving Transparency, Relieving Administrative Burden

Photo of Amy FoutsPhoto of Ernessa McKiePhoto of Katy ApplebyBy Amy Fouts, Ernessa McKie and Katy Appleby on Posted in Uncategorized
The Centers for Medicare & Medicaid Services (CMS) recently issued its proposed rule updating fiscal year (FY) 2018 payment policies and rates under the Medicare inpatient prospective payment system (IPPS). As highlighted below, the proposed rule aims to reduce regulatory burdens for providers and to promote transparency and flexibility in the delivery of care. Comments … Continue Reading

Final Rule Expands OIG Exclusion Authority

Photo of Amy FoutsBy Jeff Murray and Amy Fouts on Posted in Uncategorized
On January 12, 2017, less than a week before the official transition from one administration to the next, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a rule finalizing changes to its most potent compliance tool: exclusion authority. The Affordable Care Act (ACA) significantly expanded the OIG’s permissive … Continue Reading

Federal Court Enjoins Part of ACA Final Non-Discrimination Rule

Photo of Amy FoutsPhoto of Kyle GregoryBy Amy Fouts and Kyle Gregory on Posted in Uncategorized
On December 31, 2016, the U.S. District Court for the Northern District of Texas issued a nationwide injunction in Franciscan Alliance, Inc. v. Burwell, N.D. Tex., No. 16-cv-108, holding that portions of the final rule issued by the HHS Office for Civil Rights (OCR), which sought to operationalize Section 1557 of the Affordable Care Act (ACA), … Continue Reading

The Deeper Dive: Section 1557 Attempts to Return the “Care” to “Healthcare”

Photo of Amy FoutsPhoto of Kyle GregoryBy Amy Fouts, Greg Fosheim and Kyle Gregory on Posted in Uncategorized
The U.S. Department of Health and Human Services (HHS) moved to the forefront of anti-discrimination measures when it released a final rule, titled “Nondiscrimination in Health Programs and Activities” (Final Rule), implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the grounds of race, color, national origin, sex, age or disability in … Continue Reading

FY 2017 IPPS Proposed Rule Results in Modest Increase for Hospitals

Photo of Amy FoutsPhoto of Ernessa McKiePhoto of Kyle GregoryBy Amy Fouts, Ernessa McKie and Kyle Gregory on Posted in Uncategorized
CMS recently issued a proposed rule updating fiscal year (FY) 2017 Medicare payment policies and rates under the Medicare inpatient prospective payment system (IPPS) and the long-term care hospital (LTCH) prospective payment system. Highlights of the proposed rule applicable to IPPS hospitals are the focus of this summary. With the proposed rule, CMS continues to emphasize its … Continue Reading

CMS Continues Its Focus on Quality Initiatives with the FY 2016 IPPS Final Rule

Photo of Amy FoutsPhoto of Jennifer WhittonBy Amy Fouts, Jennifer Whitton and Josiah Heidt on Posted in Uncategorized
On July 31, 2015, the Centers for Medicare and Medicaid Services (CMS) issued a final rule (Final Rule) updating fiscal year (FY) 2016 Medicare payment policies and rates under the Inpatient Prospective Payment System (IPPS) and the Long-Term Care Hospital (LTCH) Prospective Payment System. While many hospitals will see increased Medicare reimbursement rates based on … Continue Reading
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