Commonwealth of Massachusetts v. Department of Health and Human Services et al.

Docket No.
21-1076
Appellate Court
First Circuit

Goal

  • Block enforcement of an agency action
  • Declaration that agency action is unlawful

Issues

Case History

Why this Matters:

The plaintiff argues that Trump administration regulations broadening exemptions for employers from the Affordable Care Act’s requirement to cover contraception without cost-sharing violates the Administrative Procedure Act, and the First and Fifth Amendments to the Constitution. Broader exemptions to contraceptive coverage requirements could result in higher out-of-pocket costs and reduced access to services, making it more difficult to access this care. The plaintiffs appeal the district court’s grant of summary judgment for the defendants.


Potential Impact:

Exempting employers and health insurers from covering otherwise required contraceptive care limits access to care, jeopardizing women’s health and increasing medical expenses for patients and state governments.

 

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Related Litigation

Current Status

Briefing is ongoing

Legal Issues

Fifth Amendment - Equal Protection Clause, Administrative Procedure Act - Contrary to Law, Administrative Procedure Act - Notice and Comment Violation, Administrative Procedure Act - Lack of Statutory Authority, Establishment Clause

Topic(s)

Preventive Services

Date Filed
January 27, 2021
Case Type
Civil
Court Type
Appellate Court
Court
First Circuit
Plaintiff(s)
Commonwealth of Massachusetts
Lead Counsel For Plaintiff(s)
Government
Defendant(s)
Department of Health and Human Services; Robert F. Kennedy; Department of the Treasury; Scott Bessent; Department of Labor; Lori Chavez-DeRemer;
Lead Counsel for Defendant(s)
Government