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  • Supreme Court Decision Limiting the Authority of Federal Agencies Could Have Far-Reaching Impacts for Health Policy

    Issue Brief

    On June 28, 2024, the U.S. Supreme Court overturned a longstanding legal precedent that required federal courts to defer to reasonable agency interpretation when statutes are ambiguous. The decision will shift many policy decisions from federal agencies to federal judges, with implications for health policy that will reverberate for years to come. This issue brief examines the decision and assesses what’s ahead.

  • Emergency Abortion Care to Preserve the Health of Pregnant People: SCOTUS, EMTALA, and Beyond

    Policy Watch

    This policy watch outlines SCOTUS' June 27, 2024, decision dismissing the case, Moyle v. United States, where the Court had been asked to determine if a federal law called the Emergency Medical Treatment and Labor Act preempted Idaho's abortion ban. The decision returns the case to the lower courts and reinstates a court order blocking enforcement of the Idaho ban where it prohibits abortion care for pregnant people having medical emergencies.

  • The Biden Administration’s Final Rule on Section 1557 Non-Discrimination Regulations Under the ACA

    Issue Brief

    This brief overviews the Biden Administration’s 2024 final rule implementing Section 1557 of the ACA, which is home to the law’s major nondiscrimination provisions. It provides a brief background on 1557 rulemaking and identifies key differences between this rule and the 2020 rule from the Trump Administration. It highlights two areas of growing interest impacted by the rule – nondiscrimination protections related to pregnancy and nondiscrimination protections for transgender people. Table 2 summarizes the major provisions of the new final rule with side-by-side comparison to the Obama (2016) and Trump (2020) administration rules.

  • SCOTUS Case Could Weaken the Impact of Regulation on Key Patient and Consumer Protections

    Issue Brief

    This brief discusses the longstanding legal doctrine, Chevron deference, being challenged in two cases before the U.S. Supreme Court and includes examples of what could be at stake for health care consumers should federal courts no longer use this doctrine to address litigation related to federal health regulations. The focus here is on patient and consumer protection regulation, but overturning the Chevron deference would have implications in all areas of health care.

  • The Supreme Court, Medication Abortion, and the FDA: What’s at Stake?

    News Release

    In advance of oral arguments about access to medication abortion before the Supreme Court on March 26, KFF examines how a Court ruling for the plaintiffs would limit access to mifepristone blocking its use in telehealth and distribution through pharmacies, including in states where abortion is legal and protected.