Claire Bass

Challenge to the FDA’s Approval of Abortion Medication

By Claire Bass and Amy Fouts on April 17, 2023 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

By Amy Fouts and Claire Bass on January 13, 2023 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

By Amy Fouts and Claire Bass on November 18, 2022 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

Federal Judge Blocks Idaho from Enforcing Abortion Ban in Emergencies

By Amy Fouts, Gregory Tanner and Claire Bass on September 1, 2022 Posted in Post-Dodds

On Aug. 24, the United States District Court for the District of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s new abortion law. The law was set to take effect on Aug. 25, 2022. As previously reported, the U.S. Department of Justice (DOJ) filed suit on Aug. 2 against the state of Idaho, … Continue Reading

DOJ Alleges Idaho Abortion Law Violates EMTALA

By Amy Fouts, Claire Bass and Gregory Tanner on August 4, 2022 Posted in Healthcare

On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor Act of 1986 (EMTALA). Under EMTALA, a hospital that receives Medicare funds must provide treatment … Continue Reading

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

By Amy Fouts and Claire Bass on August 2, 2022 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

By Amy Fouts and Claire Bass on July 12, 2022 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