Eve Levin  //  10/31/17  //  Topic Update

The Trump Administration bypassed a key administrative law procedure with its new birth control regulations---the same procedure that courts repeatedly held President Obama could not bypass, writes Brianne Gorod at Slate.

A federal judge declined to issue a preliminary injunction forcing the Trump Administration to continue making cost-sharing reduction payments under the Affordable Care Act (Politico, The Hill).

• The opinion is available here.
• 18 states and D.C. are spearheading the challenge (Health Affairs, Lyle Denniston Law News).
• The Administration’s opposition to Plaintiffs’ motion for a temporary restraining order is here.
• Plaintiffs’ reply brief is here.
• Congressional leaders are weighing in on both sides (Lyle Denniston Law News, Health Affairs).

Iowa has borne the brunt of the disruption in the health care market caused by the failed attempts to repeal the Affordable Care Act, reports Paul Demko in Politico.

The Trump Administration settled lawsuits with groups that sued over the Obamacare contraception mandate (Buzzfeed).

Looking for health insurance has become more challenging since the Trump administration rescinded insurer subsidies and limited Obamacare advertising  (WaPo).

Senate Majority Leader Mitch McConnell signaled he would bring the bipartisan Murray-Alexander proposal to a vote if President Trump issued his support (NYT).

President Trump has promoted association health plans, but they have a history of fraud (NYT).

The IRS will reject tax returns that lack a health insurance disclosure, suggesting that parts of the Administration are keeping the ACA alive (NYT).

President Trump declared the opioid epidemic a public health emergency (NYT, WSJ, The Hill, LA Times, WaPo).

• Rep. Tom Marino writes that the truth about the crisis is complicated.
• Fentanyl fueled a 21% rise in total drug-overdose deaths in 2016 (WSJ).
• The Wall Street Journal examines the victims of the crisis.
• FDA Commissioner Scott Gottlieb has proposed a larger role for the FDA in combating the crisis (WSJ).
• The Editorial Board of the Wall Street Journal writes that innovation is the answer.
• The L.A. Times looks at what’s behind the crisis.

HHS has published a release seeking comment on removal of barriers to full participation in HHS programs by faith-based organizations (Religion Clause).

Looking for health insurance has become more challenging since the Trump administration rescinded insurer subsidies and limited Obamacare advertising  (WaPo).

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