The Supreme Court granted a petition to answer whether HHS must conduct notice-and-comment rulemaking before providing instructions to a Medicare Administrative Contractor that makes initial determinations of payments, when those interpretations rely upon a non-legally binding agency interpretation. The High Court has yet to schedule its previous grant of a petition to answer whether a state law failure-to-warn claim is preempted when the FDA rejected the drug manufacturer's proposal to warn about the risk after being provided with the relevant scientific data; or whether the matter must go to a jury for conjecture as to why the FDA rejected the proposed warning.
The High Court received a petition to answer whether a private government contractor is immune from liability for violating federal laws prohibiting robocalls regarding promotion of private health insurance to individuals registered to ACA exchanges.
For details about these and other petitions, please consult this list of selected reimbursement, compliance, life sciences, and health reform cases before the Supreme Court during its October 2018 term. Petitions are listed along with a brief summary of the questions raised and the status of the appeal.
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