Keckley Report June 27, 2022
Paul Keckley

Four decisions by the Supreme Court in the last 10 days will fundamentally change U.S. healthcare for decades to come:

June 15, 2022: American Hospital Association v Becerra (20-1114) In a unanimous (9-0) decision, the Court found that a reading of the statutory language makes clear that without surveying hospitals as to their drug acquisition costs, HHS may not change drug reimbursement rates for a subset of hospitals. The court noted that this “protects all hospitals by imposing an important procedural prerequisite—namely, a survey of hospitals’ acquisition costs for prescription drugs—before HHS may target particular groups of hospitals for lower reimbursement rates.”

The issue going forward: under what authority and by what mechanisms will HHS and its agencies with responsibility...

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