August 07, 2020

ACA Section 1557 Litigation Update

On August 3, U.S. District Judge James E. Boasberg heard oral argument of the plaintiffs’ motion for a preliminary injunction to stay the upcoming effective date of the revised final rule of HHS, implementing the individual non-discrimination provision of Section 1557 of the ACA. In Whitman-Walker Clinic v. U.S. Department of Health and Human Services, the judge questioned plaintiffs’ counsel principally on standing and justiciability issues. He offered the defendants’ counsel the opportunity to submit a supplemental brief on the plaintiffs’ counsel’s oral argument. That brief is due on August 10. The effective date for the revised final rule is August 18.