Recent Developments in Health Law

Scheduling Order, Sherley v. Sebelius, No. 10–5287 (D.C.Cir. September 30, 2010).

Scheduling Order, Sherley v. Sebelius, (D.D.C. October 5, 2010).

NIH Statement Regarding Stay of Stem Cell Injunction, available at <http://www.nih.gov/news/09102010_stem-cell_statement.htm> (last visited October 7, 2010).

Removing Barriers to Responsible Scientific Research Involving Human Stem Cells, 74 Fed. Reg. 10667 (March 9, 2009).

Id., at 10667.

National Institutes of Health Guidelines for Human Stem Cell Research, 74 Fed. Reg. 32170, 32174–75 (July 7, 2009).

Id., at 32175.

Id., at 32175.

Id., at 32175.

National Institutes of Health Guidelines for Research Using Human Pluripotent Stem Cells, 65 Fed. Reg. 51975, 51979–80 (August 25, 2000).

Id., at 51980.

Id., at 51980.

Sherley v. Sebelius , 686 F. Supp. 2d 1 (D.D.C. 2009).

Id., at 7.

Sherley v. Sebelius , 610 F.3d 69, 74–75 (D.C.Cir. 2010).

Id., at 72.

Id., at 72 (citing Shays v. FEC, 414 F. 3d 76, 87 (D.C.Cir 2005)).

Id., at 73.

Id., at 74.

Id., at 74 (quoting Shays, 414 F. 3d at 83).

704 F. Supp. 2d 63, 67 (D.D.C. 2010) (quoting Pub.L. No. 104–99, § 128, 110 Stat. 26, 43 (1996)).

610 F. 3d at 75.

704 F. Supp. 2d at 71.

Id., at 72–73.

Order Granting Administrative Stay, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. Sept. 9, 2010); Order Granting Stay Pending Appeal, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. Sept. 28, 2010).

Cohen G. , “On the Stem Cell Injunction,” Concurring Opinions, available at <http://www.concurringopinions.com/archives/2010/08/on-the-stem-cell-injunction.html> (last visited October 9, 2010); Cobell v. Norton, 455 F.3d 317 (D.C.Cir. 2006).

704 F. Supp. 2d at 70–71; Pub.L. No. 104–99, § 128, 110 Stat. 26, 43 (1996).

Defendants' Emergency Motion to Stay Pending Appeal at 3, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. September 8, 2010).

Id., at 2.

H.R. Rep. No. 111–220, at 273 (July 22, 2009); see also S. Rep. No. 111–66, at 121–22 (Aug. 4, 2009).

See Order Granting Administrative Stay, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. Sept. 9, 2010); see alsos Order Granting Stay Pending Appeal, Sherley v. Sebelius, no. 10–5287 (D.C.Cir. Sept. 28, 2010).

Pollack A. , “Stem Cell Trial Wins Approval by F.D.A.,” New York Times, July 30, 2010.

Thomas More Law Ctr. v. Obama , U.S. Dist. LEXIS 107416 (E.D. Mich. 2010).

Internal Revenue Code, 26 U.S.C. §7421(a) (2010).

HealthCare.gov website, “Provisions of the Affordable Care Act, by Year,” available at <http://www.healthcare.gov/law/about/order/byyear.html#2010> (last visited October 15, 2010).

“OCIIO Sub-Regulatory Guidance (OCIIO 2010 - 1): Process for Obtaining Waivers of the Annual Limits Requirements of PHS Act Section 2711,” HHS Office of Consumer Information and Insurance Oversight, available through <http://www.hhs.gov> (last visited October 15, 2010).

Rhode Island Office of Health Insurance Commissioner “Rate Decisions Announced for Expanded Benefits Under Health Reform and BCBSRI Medicare Supplemental Insurance,” available through <http://www.ohic.ri.gov> (last visited October 15, 2010).

New York State Insurance Commission, “Prior Approval - Health Rate Changes - Public Comments,” available at <http://www.ins.state.ny.us/health> (access restricted).

HHS Office of Consumer Information and Insurance Oversight, available at <http://www.hhs.gov> (last visited October 15, 2010).

Office of Consumer Information and Insurance Oversight, “Approved Applications for Waiver of the Annual Limits Requirements of the PHS Act Section 2711 as of September 30, 2010” (Mr. Angoff has stated that waivers can be approved in “as little as 48 hours.”)

Adamy J. , “McDonald's May Drop Health Plan,” Wall Street Journal, September 30, 2010.

Bureau of Labor Statistics, “Characteristics of Minimum Wage Workers: 2009,” March 15, 2010.

Chelan D. , “Affordable Healthcare,” Smart Business, November, 2007, available through <http://www.sbnonline.com> (last visited October 15, 2010).

Postal A. D. , “Agents Seeking to Protect Commissions in MLR Debate,” National Underwriter, October 10, 2010 (which also covered the argument that commissions transferred to third parties should not be counted as administrative cost.)

Goodwin L. , “Senator Probing ‘Mini-Med’ Insurance Plans,” The Upshot, October 1, 2010. (During the hearings Senator Rockefeller stated to the BCS representative: “Your company is apparently spending a significantly lower percentage of McDonald's employees” health care premiums on their medical care than the benchmarks established in ACA. If this is the case, McDonald's hourly wage workers are setting aside portions of their paychecks for an insurance product that may not be providing them a good value.” “In addition to spending an insufficient portion of their premium dollars on medical care, the products BCS is selling to McDonald's employees are not likely to protect them against the costs of a major health care episode. The $2,000 maximum annual coverage you apparently offer in your McDonald's ‘Basic Plan’ would not come close to covering the costs of hospital emergency services or the delivery of a child.”)

E.g., Abelson R. , “Waivers Aim at Talk of Dropping Health Coverage,” New York Times, October 6, 2010.

“Serving While Sick: High Risks and Low Benefits for the Nation's Restaurant Workforce, and Their Impact on the Consumer,” Restaurant Opportunities Centers United, September 30, 2010.

Statement on the application of medical loss ratio standards to certain health plans under the Affordable Care Act, September 30, 2010.

HHS Office of Consumer Information and Insurance Oversight, available at <http://www.hhs.gov> (last visited October 15, 2010).

Thomas More Law Ctr. v. Obama , U.S. Dist. LEXIS 107416 (E.D. Mich. 2010).

Arrow K. , Essays in the Theory of Risk-Bearing (Chicago: Markham, 1971).

E.g., Kharroubi E. Vidon E. , “Liquidity, Moral Hazard, and Interbank Market Collapse,” International Journal of Central Banking 5, no. 4 (2009): 51–86.

Rhode Island Office of Health Insurance Commissioner “Rate Decisions Announced for Expanded Benefits Under Health Reform and BCBSRI Medicare Supplemental Insurance,” available through <http://www.ohic.ri.gov> (last visited October 15, 2010); New York State Insurance Commission, “Prior Approval - Health Rate Changes - Public Comments,” available through <http://www.ins.state.ny.us/health> (access restricted).