New York and Minnesota officials have settled a lawsuit against the Trump administration over its decision to slash federal funding for the states’ health plan programs that cover certain low-income people.

A federal judge in the U.S. District Court for the Southern District of New York dismissed the case after the HHS agreed to pay $151.9 million to New York and $17.3 million to Minnesota by May 14 to fund the states’ Basic Health Programs, which together cover 800,000 people.

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This week the Texas Public Policy Foundation, on behalf of individual Texans burdened by Obamacare, filed to join the Texas-led, 20 state lawsuit challenging the Affordable Care Act as unconstitutional as amended by the Tax Cuts and Jobs Act of 2017.

“The U.S. Supreme Court has already held that the individual mandate absent the tax penalty is unconstitutional,” said Robert Henneke, general counsel and director of the Center for the American Future at TPPF. “Now that Congress has set the tax penalty at zero, it no longer performs the essential function of a tax, which is to generate revenue for the federal government. Under the Supreme Court’s own analysis in the NFIB v. Sebulius case, there is no remaining legal basis on which to uphold the individual mandate, which cannot be severed from the Affordable Care Act as a whole. By joining this lawsuit, the Foundation seeks to accomplish what Congress has failed to do — fully strike down this unconstitutional law.”

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The only consistent characteristic of the Affordable Care Act (ACA) is its ability to generate litigation. The gift that keeps on giving for Obamacare opponents seems to defy common law doctrines curbing the practices of champerty and maintenance (frivolous lawsuits).

Last month 20 state attorneys general and two governors launched the latest lawsuit in federal district court in Texas, arguing that the upcoming repeal of tax penalties for the ACA’s individual mandate, as of January 2019, means that the entire law has become unconstitutional (or at least a number of its related insurance regulation provisions).

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A federal appeals court is raising a potential hurdle to the settlement of a suit the House of Representatives brought against the Obama administration over billions of dollars in subsidies paid to insurers under Obamacare.

The D.C. Circuit Court of Appeals issued an order Monday questioning a deal the House, the Trump administration and liberal states announced last September to try to shut down the case.

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The latest lawsuit against Obamacare poses little immediate danger to the health care law — but it could look a lot more potent if the balance of the Supreme Court changes in the next two years.

The case may look like a long shot, given that the courts have upheld the health law more than once. But proponents of Obamacare have notoriously underestimated the stream of legal challenges against the Affordable Care Act, and the staying power of the conservatives intent on scrapping the 2010 law.

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Twenty states have filed a lawsuit against the Trump administration over Obamacare’s individual mandate — again.

Wisconsin, Texas and several other red states claim in the lawsuit filed today that since Congress repealed the individual mandate’s tax penalty for not having coverage, that means the mandate itself — and the whole health care law — is invalid.

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Kentucky Gov. Matt Bevin (R) is countersuing to stop a lawsuit filed by critics of the state’s plan to institute Medicaid work requirements.

The administration filed a lawsuit in federal district court in Kentucky on Monday seeking a ruling that the state’s Medicaid waiver fully complies with federal law.

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People who bought policies from Centene, a large for-profit health insurance company, filed a federal lawsuit on Thursday claiming the company does not provide adequate access to doctors in 15 states. “Members have difficulty finding–and in many cases cannot find–medical providers,” who will accept patients covered under policies sold by Centene, according to the lawsuit filed in federal court in Washington State.

“People signed up for insurance and they ‘discovered there were no doctors,”’said Seth Lesser, a partner at the law firm of Klafter Olsen & Lesser who is representing some of the policyholders.

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Insurance executives, as well as the head of the trade group America’s Health Insurance Plans, met with Seema Verma, administrator of the Centers for Medicare and Medicaid Services, on Tuesday. Insurers have been pressuring administration officials and lawmakers to fund the ACA’s cost-sharing reduction payments. Insurers have struggled to adjust to the individual marketplaces since the ACA created the exchanges, and the ACA’s uncertain political future has only added to the questions they face as they approach the June 21 deadline for filing their 2018 premium rate requests. That will be the first indication of how the individual exchanges fare next year.

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The Trump administration says it is willing to continue paying subsidies to health insurance companies under the Affordable Care Act even though House Republicans say the payments are illegal because Congress never authorized them. The statement sends a small but potentially significant signal to insurers, encouraging them to stay in the market. The future of the payments has been in doubt because of a lawsuit filed in 2014 by House Republicans, who said the Obama administration was paying the subsidies illegally.

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