Jane Doe et al. v. Bonta et al.

Docket No.
24-03654, 24-03655, 24-03700
Appellate Court
Ninth Circuit


  • Invalidate all or part of a statute
  • Stop the government from enforcing the statute or regulation

Litigation Content

Why this Matters:

The plaintiffs challenge a California law imposing new disclosure requirements on third parties providing financial assistance to help dialysis patients enroll in private insurance. The law also caps reimbursement levels for certain dialysis providers at the amount that Medicare would pay. The plaintiffs argue that this California law violates the Supremacy Clause, as well as the First and Fourteenth Amendments of the Constitution. If states cannot impose such disclosure and cost containment measures related to dialysis providers and third-party financial assistance, dialysis providers would have greater leverage to receive much higher reimbursement rates from private insurers.

Potential Impact:

Taking away the ability to impose reasonable disclosure and cost containment measures when Medicare or Medicaid eligible dialysis patients are steered to the commercial insurance market, where reimbursement rates are far higher, could drive up health care costs.

1 Major Filings