Wolters Kluwer Health Law Expert Analyzes Last Term's Most Impactful U.S. Supreme Court Cases to Inform Coming Session in October

Senior legal analyst examines a range of health-related Supreme Court rulings from the 2021-2022 blockbuster session to provide insight on this session's hot topics

NEW YORK, Sept. 28, 2022 /PRNewswire/ --

What: Top health law case in SCOTUS 2021-2022 term

Why: The Supreme Court of the United States (SCOTUS) saw a historic 2021-2022 term across the health law environment, with several cases establishing pivotal changes. With the 2022-2023 term beginning next month, senior health law legal analyst Sheila Lynch-Afryl revisited the top cases from the previous term, outlining the major takeaways and how Court watchers can prepare for what's next.

• In Dobbs v. Jackson Women's Health Organization, the Court overturned the abortion protections afforded by Roe v. Wade, and ruled that individual states have the power to set limits on abortion. In the wake of this ruling, state laws curtailing abortions have taken effect, while the Biden Administration and Congress attempt to protect abortion rights despite the decision. District courts have already come to conflicting decisions about whether EMTALA preempts state laws prohibiting abortion. Could this important issue also come before the Supreme Court during its 2022-23 term?
  
  
• In Biden v. Louisiana, the Court stayed the injunctions that barred enforcement of the CMS COVID-19 vaccine mandate in 24 states, finding that HHS had the statutory authority to require providers to protect their Medicare and Medicaid patients' health and safety. According to the majority, ensuring that providers take steps to avoid transmitting a "dangerous virus to their patients is consistent with the fundamental principle of the medical profession: first, do no harm." With HHS' declared COVID public health emergency probably ending early next year, the industry will have to stay vigilant about CMS' unwinding of Medicare and Medicaid flexibilities.
  
  
• In American Hospital Association v. Becerra, the Court unanimously invalidated a final rule that reduced drug reimbursement rates for 340B hospitals. The Court concluded that HHS didn't conduct a survey of hospitals' acquisition costs, as required by the Medicare statute. Although the Court has yet to grant cert for a Medicare case for its next term, a False Claims Act case that involved Medicare billing is currently on its docket.

Who: Sheila Lynch-Afryl, J.D., M.A., Senior Legal Analyst

"The 2021-22 Supreme Court term was historic for health law from start to finish. While the Court has accepted only two health-related cases so far for its next term, abortion and COVID are issues that will linger in the longer term." – Sheila Lynch-Afryl, J.D., M.A., Senior Legal Analyst

Sheila Lynch-Afryl is a Senior Analyst at Wolters Kluwer Legal & Regulatory U.S. She has been analyzing health law for more than 10 years. Her areas of expertise include Medicare and Medicaid benefits and reimbursement, health reform, health care compliance, state health laws and regulations, and climate change and health. While primarily focusing on the flagship Medicare and Medicaid Guide, Lynch-Afryl has also spent the last 11 years at Wolters Kluwer writing and updating explanatory content on Medicare and Medicaid, writing in-depth Strategic Perspectives as well as other articles for Health Law Daily, and mentoring other editors as they craft articles and explanations.

Contact: To arrange an interview with Sheila Lynch-Afryl, or other legal experts from Wolters Kluwer Legal & Regulatory U.S. on this or any other legal related topics, please contact Linda Gharib: [email protected] 

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