Amicus Briefs

The AHA today joined the U.S. Chamber of Commerce and American Medical Association in urging the 6th Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.       “Over a decade ago, Congress recognized the possibility of a nationwide public health emergency much like COVID-19, and expressly provided certain protections for those on the front line of responding to it, in the PREP Act,” the friend-of-the-court brief (LINK) states. “…Rather than leave the adjudication of disputes arising from a national emergency response to disparate state courts across the country, Congress established an exclusive federal remedial scheme and expressly preempted state law that might interfere with that scheme.” 

AHA, the U.S. Chamber of Commerce and the Association of American Medical Colleges in a friend-of-the-court brief asks the U.S. District Court for the District of Massachusetts to dismiss a lawsuit alleging that Beth Israel Deaconess Medical Center violated its fiduciary duties by selecting a retirement plan with excessive fees or poorly performing investments.

The AHA, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, and Children’s Hospital Association yesterday urged the U.S. Courts of Appeals for the 3rd and District of Columbia Circuits to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.

The AHA, 340B Health, America’s Essential Hospitals, Association of American Medical Colleges, and Children’s Hospital Association yesterday urged the U.S. Courts of Appeals for the 3rd and District of Columbia Circuits to require drug companies to fulfill their legal obligations to provide 340B discounted drugs to eligible hospitals and health systems, regardless of whether the drugs are dispensed on site or through contract pharmacies.

The AHA urges the U.S. Supreme Court to reverse a 9th Circuit decision that impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commission’s structure, procedures and existence.

The AHA and other hospital and health care organizations urge the full U.S. Court of Appeals for the 9th Circuit to rehear Wit v. United Behavioral Health.

The Chamber of Commerce of the United States of America (“Chamber”), the American Hospital Association (“AHA”), and the Association of American Medical Colleges (“AAMC”) respectfully move for leave to file a brief as amici curiae in the above-captioned case in support of Defendants’ motion to dismiss.

The AHA joins the U.S. Chamber of Commerce and American Medical Association in urging the 7th Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.    

The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 2nd Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceeding

Introduction Defendants have persuasively explained why the Complaint fails to state a claim as a matter of law.

The AHA, joined by the Federation of American Hospitals, Michigan Health & Hospital Association, Kentucky Hospital Association, Ohio Hospital Association and Tennessee Hospital Association today urged the U.S. Supreme Court to review and rectify a 6th Circuit Court of Appeals decision that will vastly expand hospitals’ exposure to False Claims Act retaliation lawsuits, sometimes years after an employee has left their position.

Amicus Brief: NJ Hospital Association Re: Federal Trade Commission V. Hackensack Meridian Health, Inc. and Englewood Healthcare Foundation

INTRODUCTION The FTC’s approach to defining the relevant geographic market in this case conflicts with settled law and economic principles, as well as business reality.

At a Glance Amici curiae are 37 non-profit state and regional hospital associations. They represent thousands of hospitals and health systems across the United States.

In 1990, Congress enacted the Medicaid Rebate Program, as part of the Omnibus Reconciliation Act of 1990 (Pub. L. No. 101-508).20. This law requires drug companies that choose to participate in Medicaid to give states, which administer Medicaid, discounts comparable to those given to other payers.

The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 5th Circuit Court of Appeals to void a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.

The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 11th Circuit Court of Appeals to void a district court decision that refused to allow the case to proceed in federal court and denied the full protections of the Public Readiness and Emergency Preparedness Act of 2005 for health care providers and other covered entities involved in the administration, manufacture, distribution, use or allocation of countermeasures during the COVID-19 pandemic.

Amicus Brief Eli Lilly v Cochran Re 340B Contract Pharmacy – Intervention filed June 23, 2021.

Amicus Brief NOVO NORDISK v Cochran Re 340B Contract Pharmacy – Intervention

AHA, others urge 9th Circuit Court of Appeals to affirm a decision holding that the PREP Act provides broad immunity from tort liability to health care providers and other covered entities, June 16, 2021.