Whittling away

THE NEW YORK ANTI-SABOTAGE ASSOCIATION HEALTH PLANS CASE

State of New York v. U.S. Dep’t of Labor No. 1:18-cv-1747 (D. D.C.)

Complaint, July 26, 2018

 

Summary judgment memo, August 23, 2018

Brown (Kentucky) declaration

Caride (New Jersey) declaration

Dutt (California) declaration

Gasteier (Massachusetts) declaration

Kofman (DC) declaration

Kreidler (Washington) declaration

MacEwan (Washington) declaration

Monahan (Pennsylvania) declaration

Navarro (Delaware) declaration

O’Connor (Maryland) declaration

Stolfi (Oregon) declaration

Taylor (DC) declaration

Vullo (New York) declaration

Whorley (Virginia) declaration

Lucia declaration

US motion for stay, September 4, 2018

Response to motion for stay, and cross-motion for schedule, September 7, 2018

Reply supporting stay, September 12, 2018

Order denying stay and setting schedule, September 14, 2018

Schedule: 1. Defendants shall file a certified list of the contents of the administrative record by not later than Tuesday, October 23, 2018.
2. Defendants shall file their combined motion to dismiss or, in the alternative, for summary judgment and opposition to plaintiffs’ motion for summary judgment by not later than Tuesday, October 30, 2018.
3. Plaintiffs shall file their combined opposition to defendants’ motion to dismiss or, in the alternative, for summary judgment by not later than Wednesday, November 28, 2018.
4. Defendants shall file their reply in support of their motion to dismiss or, in the alternative, for summary judgment by not later than Wednesday, December 19, 2018.

Index to administrative record, 10/23/2018

merged_86132_-1-1542045856

US motion to dismiss/opposition to summary judgment, 10/30/2018

5737310-0–20006

5737310-1–21503

merged_95655_-1-1541078670

US Chamber of Commerce amicus, 11/6/2018

merged_51389_-1-1541600020

Texas amicus, 11/7/2018

5748721-0–31066

New York reply/opposition, 11/28/2018

5772650-0–15099

As corrected via errata, 11/29 merged_77776_-1-1543719240

Clyburn amicus, 11/29/2018

5774174-0–17060

Restaurant Law Center motion for leave to file, 11/30/2018

merged_19502_-1-1543719510

AMA amicus, 12/5/2018

merged_15455_-1-1544192467

12/17/2018 MINUTE ORDER: Upon consideration of 31 plaintiffs’ motion for summary judgment; 47 government’s motion to dismiss for lack of jurisdiction or, in the alternative, cross-motion for summary judgment; and the entire record herein; a hearing on these motions is hereby set for January 24, 2019, at 9:30 a.m. in Courtroom 30 before Judge John D. Bates. Signed by Judge John D. Bates on 12/17/18. (lcjdb1) (Entered: 12/17/2018)

US motion to dismiss reply, 12/19/2018

5800889-0–2249

Coalition to Protect and Promote Association Health Plans amicus, 12/19/2018

5801802-0–25819

US motion to stay completion of joint appendix, 12/26/2018

5807067-0–24063

Plaintiffs’ opposition re stay, 12/27/2018

5807960-0–9489

California v. Ross motion and denial, 3:18-cv-1865 (N.D. Cal., 12/26/18), cited by plaintiffs

file0.12692275274652

12/27/2018 MINUTE ORDER: It is hereby ORDERED that any reply in support of 68 the government’s motion to stay shall be filed by not later than 6:00 p.m. today, December 27, 2018. Signed by Judge John D. Bates on 12/27/2018. (lcjdb2) (Entered: 12/27/2018)
12/27/2018 Set/Reset Deadlines: Any reply in support of 68 the government’s motion to stay shall be filed by not later than 6:00 PM on 12/27/18. (jth) (Entered: 12/27/2018)

US reply supporting stay, 12/27/2018

5809293-0–19772

Order denying stay and extending joint appendix deadline to January 9, 12/28/2018

5810765-0–2309

Filing about DC legislation, 1/4/2018

merged_54710_-1-1546652026

Notice of additional authority (California v. Trump), 1/4/2018

merged_29977_-1-1546652100

Joint appendix cover, 1/9/2019

5823504-0–1097

Notice of additional authority (census case), 1/23/2019

5840217-0–12203

state-of-new-york-et-al-v-united-states-department-of-commerce-et-al

Opinion, 3/28/2019

5940153-0–12659

Order, 3/28/2019

5940150-0–17368

Notice of appeal, 4/26/2019

5983378-0–13423

D.C. Circuit #: 19-5125

Unopposed motion to expedite

Document 35

Scheduling order, 5/10/2019

DCC scheduling order

US opening brief, 5/31/2019

DCC opening brief

Oklahoma Montana amicus, 6/4/or5/2019

DCC Oklahoma Montana amicus

Restaurant Law Center amicus, 6/7/2019

DCC Restaurant Law Center amicus

Texas and other states amicus, 6/7/2019

DCC Texas amicus

Chamber of Commerce of the US amicus, 6/7/2019

DCC Chamber of Commerce amicus

National Ass’n of Realtors amicus, 6/7/2019

DCC Realtors amicus

Coalition to Protect and Promote AHPs amicus, 6/7/2019

Coalition to Protect and Promote amicus

 

 

Association health plans materials not (yet) filed in the case, 9/28/2018

Association health plans proposed regulations, 83 Fed. Reg. 614 (Jan. 5, 2018)

New York, etc., comments (March 6, 2018)

Association health plans, final rule, 83 Fed. Reg. 28912 (June 21, 2018)

Federal compliance assistance paper, August 2018

Secretary Azar’s speech, September 27, 2018
CBO study of association health plans and short term plans, January 2019
Department of Labor reaction questions and answers, March 28, 2019
S. 1170 (Sen. Enzi)
Floor statement, [] Cong. Rec. S2438-39 (April 11, 2019)

CREC-2019-04-11-pt1-PgS2437

 

THE COLUMBUS ANTI-SABOTAGE 2019 RULE TAKE CARE CASE

City of Columbus v. Trump, No. 1:18-cv-2364 (D. Md.)
Complaint, August 2, 2018

Columbus complaint

US motion to dismiss, with memorandum plus Wu declaration, December 24, 2018

Columbus US motion to dismiss

Columbus US memo supporting dism mo

Plaintiffs’ uncontested motion for extension to file amended complaint, December 31, 2018

Pltf uncontested motion for xt to file amended complaint

Order extending deadline, January 2, 2019

43 PAPERLESS ORDER GRANTING 42 consent motion for extension of time. Plaintiffs’ deadline to file an amended complaint is now extended to January 25, 2019. Signed by Judge Deborah K. Chasanow on 1/2/2019. (Chasanow, Deborah) (Entered: 01/02/2019)

Amended complaint, January 25, 2019

columbus amended complaint

Motion and memo to dismiss, with 2d Wu declaration, March 8, 2019

Columbus US mo dism

Columbus US ms dism

Columbus US Wu 2d dec

Unopposed motion for extension to respond, April 16, 2019

unopposed motion for xt

Opposition to motion to dismiss, with 2 exhibits, May 31, 2019

Opposition to motion to dismiss

Opposition exhibit A

Opposition exhibit B

Henry Aaron amicus, June 7, 2019

Aaron H amicus

California and other states amicus, June 7, 2019

California amicus

Families USA amicus, June 7, 2019

Families USA amicus

Joshua Peck amicus, June 7, 2019

Peck amicus

Thirteen counties and cities amicus, June 7, 2019

13 counties and cities amicus

US House amicus, June 7, 2019

US House amicus

 

2019 Rule Materials not (yet) filed in the take care case, 9/27/18

“Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal,” January 20, 2017

“Potential Administrative Marketplace Reforms,” discussed at a meeting, March 23, 2017

Democrats’ letter to Price and Verma, August 18, 2017

CMS, “Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2019,” 82 Fed. Reg. 51052 (Nov. 2, 2017)

Slavitt comments, Nov. 27, 2017

CMS, “Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2019,” 83 Fed. Reg. 16930 (April 17, 2018)

Correction, 83 Fed. Reg. 21925 (May 11, 2018)

CMS FACT SHEET, April 9, 2018
CMS Fact Sheet 4 9 18

2018 HARDSHIP EXEMPTION
CMS Guidance, April 9, 2018

2018-Hardship-Exemption-Guidance

CMS, “Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2020,” [] Fed. Reg. [] (Jan. 24, 2019), originally released Jan. 17, 2019

Decision in American Federation of Government Employees v. Trump, No. 1:18-cv-1261 (D. D.C., August 24/25, 2018)

 

THE ASSOCIATION FOR COMMUNITY HEALTH PLANS SHORT TERM LIMITED DURATION CASE

Association for Community Health Plans v. U.S. Dep’t of Treasury, No. 1:18-cv-2133 (D. D.C.)

Complaint, September 14, 2018

Consent motion for briefing schedule, September 24, 2018

10/02/2018 MINUTE ORDER. Upon consideration of the 4 Motion for Order Approving Proposed Agreed-Upon Briefing Schedule for Plaintiffs’ Motion for a Preliminary Injunction, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that defendants shall file their response to plaintiffs’ preliminary injunction motion no later than 10/15/18 and that plaintiffs shall file their reply no later than 10/22/18. It is further ORDERED that a preliminary injunction hearing shall be set for 10/26/18 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 10/2/18. (lcrjl1) (Entered: 10/02/2018)

American Medical Association, etc., amicus paperwork, October 5, 2018

STLDI AMA amicus

American Cancer Society, etc., proposed amicus brief, October 8, 2018

5706537-1–2706

AARP amicus brief, October 8, 2018

5706571-1–26492

US response to PI motion, October 15, 2018

merged_81737_-1-1539696642

Errata version, October 22, 2018

5725123-2–23296-1

Plaintiffs’ preliminary injunction reply, October 22, 2018

5725754-0–17373

Transcript of the preliminary injunction hearing, October 26, 2018

Assoc for Comm Affil Plans et al v. U.S. Dept of Energy et al Oct 26 2018 PI Hrg Transcript

Withdrawal of PI motion/request for briefing schedule, November 7, 2018

merged_20234_-1-1541687545

Opposition to briefing schedule request, November 9, 2018

merged_61607_-1-1541791527

Reply supporting briefing schedule request, November 9, 2018

5751814-0–26292

Scheduling order, November 12, 2018

11/12/2018 MINUTE ORDER. Upon consideration of plaintiffs’ 28 Notice of Withdrawal of Motion for a Preliminary Injunction and Motion for Expedited Briefing Schedule, and defendants’ response thereto, it is hereby ORDERED that the following schedule shall govern the above-captioned case: (1) pursuant to Local Civil Rule 7(n)(1), defendants shall file a certified list of the contents of the administrative record with the Court and shall serve plaintiffs with a copy of the administrative record on or before December 19, 2018; (2) the parties shall file cross-motions for summary judgment, including references to the administrative record pursuant to Local Civil Rule 7(h)(2), on or before January 11, 2019; (3) the parties shall file any responses thereto on or before January 25, 2019; (4) the parties shall file any replies in support of their cross-motions for summary judgment on or before February 1, 2019; and (5) plaintiffs shall file the joint administrative records appendix as required by Local Civil Rule 7(n)(2) on or before February 8, 2019. It is further ORDERED that a motions hearing on the parties’ cross-motions for summary judgment shall be held on February 19, 2019 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 11/12/18. (lcrjl1) (Entered: 11/12/2018)

Answer, November 19, 2018

5763046-0–32396

Motion for stay, December 31, 2018

merged_41436_-1-1546286139

Order for stay, December 31, 2018

12/31/2018 MINUTE ORDER. Upon consideration of 35 Defendants’ Motion to Stay Proceedings in Light of Lapse of Appropriations, it is hereby ORDERED that the Motion is GRANTED and the deadlines for the parties to file their summary judgment briefs in the above-captioned case are hereby STAYED until Congress has restored appropriations to the Department of Justice. It is further ORDERED that, within 14 days of the date of this Order, defendants shall file a status report with the Court addressing any developments bearing on the Department of Justice’s ability to litigate this action. SO ORDERED. Signed by Judge Richard J. Leon on 12/31/18. (lcrjl1) (Entered: 12/31/2018)

Status report and US motion for continued stay, January 14, 2019

merged_35658_-1-1547508360

Notice re appropriations, January 28, 2019

5847458-0–23305

Defendants’ proposed briefing schedule, February 1, 2019

merged_29998_-1-1549073047

02/05/2019 MINUTE ORDER. Upon consideration of defendants’ 38 Motion to Modify Briefing Schedule, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the following schedule shall govern the above-captioned case: (1) the parties shall file cross-motions for summary judgment on or before February 22, 2019; (2) the parties shall file any responses thereto on or before March 15, 2019; (3) the parties shall file any replies in support of their cross-motions for summary judgment on or before March 22, 2019; and (4) plaintiffs shall file the joint administrative records appendix as required by Local Civil Rule 7(n)(2) on or before March 29, 2019. SO ORDERED. Signed by Judge Richard J. Leon on 2/5/19. (lcrjl1) (Entered: 02/05/2019)

Plaintiffs’ motion for summary judgment, February 22, 2019

merged_26741_-1-1550947790

US cross-motion for summary judgment, including Wu declaration, February 22, 2019

merged_91327_-1-1550947836

American Cancer Society amicus, March 1, 2019

merged_61835_-1-1551468259

AARP amicus, March 1, 2019

merged_15245_-1-1551468322

AMA amicus, March 1, 2019

merged_99254_-1-1551468407

US summary judgment response brief, including proposed order, March 15, 2019

merged_23029_-1-1552695410

Plaintiffs’ summary judgment opposition, with Lyons-Berg declaration and proposed order, March 15, 2019

5921668-0–24214

5921668-1–22469-2

5921668-2–23289

US summary judgment reply, March 22, 2019

5931940-0–10459

Plaintiffs’ summary judgment reply, March 22, 2019

5932014-0–10923

Plaintiffs’ sealed motion re Foster declaration on standing, March 22, 2019

[sealed]

US opposition to plaintiffs’ motion re Foster declaration on standing, March 29, 2019

merged_24075_-1-1554058307

Plaintiffs’ opposition to US motion to strike Foster declaration on standing, April 5, 2019

merged_19504_-1-1554566459

05/02/2019 MINUTE ORDER. It is hereby ORDERED that a motions hearing on the parties’ cross-motions for summary judgment shall be held on May 21, 2019 at 03:00 PM in Courtroom 18 before Judge Richard J. Leon. Signed by Judge Richard J. Leon on 5/2/19. (lcrjl1) (Entered: 05/02/2019)

 

Short term limited duration materials not (yet) filed in the short term limited duration case, 9/28/18

“Minimizing the Economic Burden of the Patient Protection and Affordable Care Act Pending Repeal,” January 20, 2017

Executive Order January 20 2017

Timothy Stoltzfus Jost, “LOOPHOLES IN THE AFFORDABLE CARE ACT: REGULATORY GAPS AND BORDER CROSSING TECHNIQUES AND HOW TO ADDRESS THEM,” 5 St. Louis U. Journal of Health Law & Policy 27 (2011).

DOL/HHS, “Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance,” 81 Fed. Reg. 75316 (October 31, 2016)

Republican letter to Secretary Price, 6/8/2017

[Executive order], 10/12/2017

Executive order [talking points], 10/12/2017

Executive order Q&A, 10/12/2017

Executive order graphic, 10/12/2017

Short term, limited-duration proposed regulations, 83 Fed. Reg. 7437 (Feb. 21, 2018)

Final rule, Federal Register version, 83 Fed. Reg. 38212 (Aug. 3, 2018)

Excerpts from President Trump’s New York Times interview, 12/28/2017

Senate Joint Resolution 63, introduced August 28, 2018
House Joint Resolution 140, introduced September 13, 2018
Secretary Azar’s speech, September 27, 2018

North Dakota bulletin, September 19, 2018

20180919Bulletin20182

Montana explanation

Short-term-limited-duration-health-insurance

US health policy paper, 12/18

Reforming-Americas-Healthcare-System-Through-Choice-and-Competition

Robert Wood Johnson/Urban study, 1/19

stldstudy119

CBO study of association health plans and short term plans, January 2019

 

CBO analysis of H.R. 1010, April 2019

hr1010

 

Chris Pope, Renewable Term Health Insurance: Better Coverage Than Obamacare (May 2019)

R-0519-CP