November 12, 2021
An Eye on SCOTUS: What’s on the Docket
The Supreme Court has a busy fall session, including hearing several health care-related cases. Here are some of the key cases we are keeping an eye on:
- Whole Women’s Health v. Jackson (11/1) – examines the Texas law that allows private citizens to file civil lawsuits against abortion providers.
- Becerra v. Empire Health Foundation (11/29) – decides whether CMS can legally factor in Medicare and commercial insurance payments in determining the DSH payment cap.
- American Hospital Association v. Becerra (11/30) – settles a longstanding dispute around CMS’ authority to make cuts to reimbursement rates for 340B drugs.
- Dobbs v. Jackson Women’s Health Org. (12/1) – examines the constitutionality of pre-viability abortion prohibitions, which could be the most substantive case on the issue since Roe v. Wade.
- CVS Pharmacy v. Doe (12/7) – considers whether certain disability discrimination claims can arise from protections under the Rehabilitation Act or Section 1557 of the Affordable Care Act.