5 Potential Changes to US Healthcare by Courts in 2024
TL/DR –
The US healthcare sector is keeping a close eye on various court cases that may significantly impact healthcare policies in 2024. Some of the key legal battles to watch include a Supreme Court case concerning the availability of medical abortion drugs, state abortion restrictions, challenges to the Affordable Care Act, state bans on gender-affirming care for minors, and opposition to Medicare’s newly acquired ability to negotiate drug prices. The outcomes of these cases could have significant implications for patients, healthcare providers, and the general direction of healthcare policy in the US.
2024’s Key Court Battles in U.S. Health Policies: What You Need to Know
Health policy experts are closely watching the courts in 2024, as several key cases could potentially reshape health policies, such as the power of Medicare to negotiate drug prices and the insurance rules of the Affordable Care Act. Politically charged issues like abortion bans and gender-affirming care are also under the spotlight, and their outcomes could have significant impacts.
Here’s a rundown of five legal battles that could affect healthcare law:
1. The Supreme Court and Medical Abortions
In March, the Supreme Court is scheduled to hear a case involving the Alliance for Hippocratic Medicine. This anti-abortion physicians’ group is challenging the availability of mifepristone, a drug used in medical abortions. The court will consider whether the group has the legal standing to challenge FDA approvals of the drug.
Medical abortions, which involve the use of mifepristone, account for more than half of all abortions nationwide. Experts believe that the increased scrutiny of the drug by anti-abortion groups is tied to the heightened restrictions on surgical abortions in many states.
2. State Abortion Restrictions Under Review
In April, the Supreme Court will hear a second abortion case that tests whether state bans on abortion must include exceptions, and which ones. Currently, 14 states have total bans on abortion and 11 have restrictions at certain pregnancy stages.
3. Religious Groups Challenge the Affordable Care Act
More than 2,000 court cases have attempted to challenge parts of the Affordable Care Act (ACA) since its inception in 2010. The latest attempt, Braidwood Management v Becerra, could potentially reach the U.S. Supreme Court.
4. State Bans on Gender-Affirming Care for Teens Face Legal Challenges
Approximately 23 states have passed laws in recent years limiting or banning gender-affirming care for minors. Parents and major medical associations have filed lawsuits against these bans, arguing that they are a form of sex discrimination and target transgender people.
5. Big Pharma vs Medicare’s New Drug Negotiation Powers
Medicare is expected to begin negotiations with drugmakers for lower prices on 10 of the most expensive, commonly prescribed drugs. This ability to secure lower drug prices for 66 million older Americans is part of new powers granted to the Centers for Medicare and Medicaid Services.
However, leading manufacturers like Merck, Novo Nordisk, and AstraZeneca have challenged this program with at least nine lawsuits. The drug firms argue that these negotiations are unprecedented and that the federal government is forcing them to accept low prices.
A recent national poll from KFF shows that issues like health care prices, the future of Medicare and Medicaid, and abortion rights are among the top concerns for voters.
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