Some of you have been following my series of arguments about the coming enforcement crisis/opportunity in Healthcare. This has been brought about by things like the overturn of Roe v. Wade at the federal level. I also believe there will be a tidal wave of enforcement coming with the passage of the Combined Appropriations Act of 2020 and its clarification of the fiduciary duty of plan sponsors and brokers when it comes to health benefits and the like. Nothing sums up the abject fear of fear mongers, in response to all of this, quite like the following image and associated caption:
Yes, the Texas Attorney General literally ran away from being served a subpoena. Because he was scared. He couldn’t tell that the process server was a process server. And so he ran in terror. Whatever happened to standing your ground? Oh, that’s right, now everyone can concealed-carry a gun also! Comments welcome.
Keep in mind, in the past week we have had the Department of Justice sue the State of Idaho for EMTALA violations. Medicare funding in that state has been put in jeopardy for its hospitals. The Secretary of the Department of Labor filed an amicus brief in Massachusetts supporting an enforcement action around the fiduciary duty of Blue Cross Blue Shield plans. And now this.
https://www.justice.gov/opa/pr/justice-department-sues-idaho-protect-reproductive-rights
Blue Cross Blue Shield lawsuit in MA:
https://www.govinfo.gov/content/pkg/USCOURTS-mad-1_16-cv-12176/pdf/USCOURTS-mad-1_16-cv-12176-0.pdf
The initial case dismissed:
https://www.jonesday.com/en/practices/experience/2022/03/blue-cross-blue-shield-of-massachusetts-defeats-claims-brought-by-massachusetts-laborers-health-amp-welfare-fund
What the bar association has to say:
https://www.americanbar.org/content/dam/aba-cms-dotorg/products/inv/book/214873/5310344_chap1_abs.pdf
And the amicus briefs:
https://static1.squarespace.com/static/60065b8fc8cd610112ab89a7/t/63233d503c45f131443c5ac2/1663253841093/PRA+and+FUSA+Amicus+Brief.pdf
And it just keeps getting weirder: https://www.axios.com/2022/09/27/supreme-court-health-care-medicaid-case