Week in Washington 07/18/24

Post-Chevron

As discussed last week, the post-Chevron legal landscape would invite a litigation around HHS regulations. Three cases that have already opened up are around hospital payments (A New Jersey-based hospital is suing HHS over payments calculations to disproportionate share hospitals), non-discrimination requirements (enforcement of protections for LGBTQ= patients), and title X (withholding of federal funds if states don’t provide abortion counseling). More cases are expected to be filled.

ACA Rates

More states have released proposed/preliminary 2025 ACA rates. Indiana currently represents the only state to have an average premium decrease (-1.6%) and New York with the highest (16%). There appears to be higher than normal trend pressures that is pushing rates higher although this is still a very preliminary picture.

Medicare Prescription Drug Payment Plan

CMS released the final part two guidance around plan outreach and education for the Medicare Prescription Drug Payment Plan. Starting in 2025, the Medicare Prescription Drug Payment Plan, beneficiaries will have the option of spreading their prescription drug costs out over the calendar year. 

Covid

The CDC reported that Covid cases are increasing. Last week saw a 23.5% increase in emergency room visits. Florida in particular appears to have high levels of Covid related emergency room visits.

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