Amicus Briefs

The AHA and American Medical Association friend-of-the-court brief in support of a Texas Medical Association lawsuit claiming the revised independent dispute resolution process for determining payment for out-of-network services under the No Surprises Act skews the arbitration results in commercial insurers’ favor in ways that violate the compromise Congress reached in the Act.

The AHA yesterday joined the U.S. Chamber of Commerce and other national organizations in urging the Supreme Court to review a 9th Circuit decision holding that the Public Readiness and Emergency Preparedness Act of 2005 does not provide complete immunity from tort liability for health care providers and other covered entities during the COVID-19 pandemic, “upending Congress’s carefully calibrated scheme.”

AHA urges the U.S. District Court for the District of Columbia to deny the Department of Health and Human Services’ request to modify a court order requiring it to completely eliminate the remaining 19,802 Medicare appeals backlogged at the Administration Law Judge level. HHS now contends that it cannot fully comply with the order, stating that “it is unlikely that the backlog could be reduced completely to zero by the end of the fiscal year.”

The U.S. District Court for the District of Columbia should reject the Department of Health and Human Services’ request to devise on its own timeline a remedy for its 2018 and 2019 underpayments to 340B hospitals, with no limitations and no oversight by the court, AHA told the D.C. court today. 

The AHA and Association of American Medical Colleges amicus brief in support of the federal government’s motion for preliminary injunction for an Idaho law, which is slated to go into effect Aug. 25. At issue is whether the state law can coexist with the federal Emergency Medical Treatment and Active Labor Act (EMTALA), which requires hospitals to stabilize care for those in an emergency medical condition.

The AHA, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, and Children’s Hospital Association yesterday filed a friend-of-the-court brief urging the U.S. Courts of Appeals for the 3rd Circuit to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.

The AHA today joined the U.S. Chamber of Commerce and American Medical Association in urging the 6th Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.       “Over a decade ago, Congress recognized the possibility of a nationwide public health emergency much like COVID-19, and expressly provided certain protections for those on the front line of responding to it, in the PREP Act,” the friend-of-the-court brief (LINK) states. “…Rather than leave the adjudication of disputes arising from a national emergency response to disparate state courts across the country, Congress established an exclusive federal remedial scheme and expressly preempted state law that might interfere with that scheme.” 

AHA, the U.S. Chamber of Commerce and the Association of American Medical Colleges in a friend-of-the-court brief asks the U.S. District Court for the District of Massachusetts to dismiss a lawsuit alleging that Beth Israel Deaconess Medical Center violated its fiduciary duties by selecting a retirement plan with excessive fees or poorly performing investments.

The AHA, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, and Children’s Hospital Association yesterday urged the U.S. Courts of Appeals for the 3rd and District of Columbia Circuits to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.

The AHA, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, and Children’s Hospital Association yesterday urged the U.S. Courts of Appeals for the 3rd and District of Columbia Circuits to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.

The AHA urges the U.S. Supreme Court to reverse a 9th Circuit decision that impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures and existence.

The AHA and other hospital and health care organizations urge the full U.S. Court of Appeals for the 9th Circuit to rehear Wit v. United Behavioral Health.

The Chamber of Commerce of the United States of America (“Chamber”), the American Hospital Association (“AHA”), and the Association of American Medical Colleges (“AAMC”) respectfully move for leave to file a brief as amici curiae in the above-captioned case in support of Defendants’ motion to dismiss.

The AHA joins the U.S. Chamber of Commerce and American Medical Association in urging the 7th Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.    

The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 2nd Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceeding

Introduction Defendants have persuasively explained why the Complaint fails to state a claim as a matter of law.

The AHA, joined by the Federation of American Hospitals, Michigan Health & Hospital Association, Kentucky Hospital Association, Ohio Hospital Association and Tennessee Hospital Association today urged the U.S. Supreme Court to review and rectify a 6th Circuit Court of Appeals decision that will vastly expand hospitals’ exposure to False Claims Act retaliation lawsuits, sometimes years after an employee has left their position.

Amicus Brief: NJ Hospital Association Re: Federal Trade Commission V. Hackensack Meridian Health, Inc. and Englewood Healthcare Foundation

INTRODUCTION The FTC’s approach to defining the relevant geographic market in this case conflicts with settled law and economic principles, as well as business reality.

At a Glance Amici curiae are 37 non-profit state and regional hospital associations. They represent thousands of hospitals and health systems across the United States.