tag:blogger.com,1999:blog-55506352026-04-04T15:38:36.861-07:00Health care law (including regulatory and compliance issues, public health law, medical ethics, and life sciences), with digressions into constitutional law, statutory interpretation, poetry, and other things that matterTom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.comBlogger1136125tag:blogger.com,1999:blog-5550635.post-35684326741639368242025-09-02T16:04:00.000-07:002025-09-02T17:58:25.221-07:00

After 20+ years and over 1,100 posts here at Blogspot, I'm heading to Substack. You can get there by clicking this link. You can subscribe for free -- there's no charge and never will be. Thanks for supporting me here. I hope to see you over at Substack soon.

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-52329991313805244302025-09-02T15:04:00.000-07:002025-09-02T15:04:49.055-07:00

There is a must-read NY Times op-ed in today's paper:The signers are 9 former CDC directors (permanent or acting). They served during every Republican and Democrat administration from Jimmy Carter to Donald Trump.Their service as CDC directors goes back to 1977 -- collectively that represents over 100 years at the CDC.Despite their differences, they agree (as their title puts it) that "

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-55842180942137245092025-08-27T14:48:00.000-07:002025-08-27T20:14:26.014-07:00

[UPDATE BELOW] The director of the Centers for Disease Control and Prevention, longtime government scientist Dr. Susan Monarez, was confirmed for her post by the Senate on July 29. Today, she's out. The story is still developing (The Hill), so it's unclear whether the decision was made by her immediate boss (HHS Secretary RFKJr) or by his boss DJTJr. She was the president's pick to

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-43350577756503023432025-08-25T13:47:00.000-07:002025-08-25T13:48:14.748-07:00

A couple of recent articles show the impact of massive public-health failures on the part of both the state of Texas and the federal government.  And in both instances, public-health failures undoubtedly resulted in avoidable deaths.1. Emergency obstetrical interventions delayed or withheld. Marin Wolf and her colleagues at the Dallas Morning News have published a series of articles ("

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-69261120518942778672025-08-22T11:05:00.000-07:002025-08-22T11:05:59.069-07:00

One of the biggest weeks of indictments, arrests, convictions, and sentencing in a long time, as announced by US HHS/OIG (Aug. 22): Three Baton Rouge Individuals Sentenced To Federal Prison In Connection With The Department Of Justice’s 2024 National Health Care Fraud Enforcement Action (August 21, 2025; U.S. Attorney's Office, Middle District of Louisiana)Brooklyn Cardiologist Sentenced To

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-79185812189892261752025-08-21T13:14:00.000-07:002025-08-21T13:15:38.647-07:00

DOJ has subpoenaed Children's Hospital of Philadelphia to obtain 15 categories of information, including patient names and dates of birth, addresses, and Social Security numbers. (DOJ Office of Public Affairs (rev. July 9); KFF Health News (Aug. 21); Bloomberg Law (Aug. 20); NY Times (Aug. 20)). The KFF articles reports that DOJ also seeks "billing documents, communication with

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-26214892301238845452025-08-07T12:43:00.000-07:002025-08-07T12:43:27.680-07:00

According to a report in today's N.Y. Times (see also NPR and Reuters), the Trump Administration is poised to destroy nearly $10 million in birth control pills, IUDs, and hormonal implants that had already been paid for by AID. The contraceptives "were destined for clinics in the poorest countries in Africa" but were warehoused in April when AID was shut down. Diverting these reproductive

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-52144969328383302192025-07-29T12:12:00.000-07:002025-07-29T12:12:17.221-07:00

 From The Commonwealth Fund (July 29, 2025): The United States has long had the worst maternal mortality rate of any wealthy nation — a rate that soared during the COVID-19 pandemic, peaking in 2021.A new Commonwealth Fund report analyzes the latest national data on maternal mortality and offers a broad look at the causes and characteristics of preventable maternal deaths, including

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-88938674000338870962025-07-26T15:53:00.000-07:002025-07-26T15:53:23.608-07:00

At the end of June, in Kennedy v. Braidwood Management, Inc., the Supreme Court reversed District Judge Reed O'Connor and the Fifth Circuit Court of Appeals, holding (6-3) that the 17 volunteer members of the U.S. Preventive Services Task Force (USPSTF) are "inferior officers" of the United States. If the Court had held the members to be principal officers under the Appointments Clause of

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-28984898003910382532025-07-24T15:26:00.000-07:002025-07-24T15:26:41.490-07:00

There was a time when organ donation after cardiac (or circulatory) death ("DCD") was controversial. Then it wasn't (at least not as much). We may be returning to that earlier time once more.DCD protocols were developed as a way of obtaining transplantable organs without waiting for brain death to occur. Considering the 103,000+ backlog of transplant candidates on national waiting lists, DCD

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-11066709128569422092025-07-14T04:30:00.000-07:002025-07-17T08:27:37.786-07:00

I wish I could offer a link to an outstanding article in the current NY Review of Books entitled "The Dismantling of American Health Care," by Adam Gaffney, David U. Himmelstein, and Steffie Woolhandler.* It's the best (and most depressing) summary of the damage the Trump administration has already inflicted in three critical spheres of the country's health care matrix: The three

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-39491374069998035702025-07-13T14:11:00.000-07:002025-07-13T14:11:02.485-07:00

This post has nothing to do with health law, but it is in keeping with the subjects HealthLawBlog identifies as within its purview: Constitutional Law. News sources report that yesterday our dear leader has decided it may be time to revoke Rosie O'Donnell's citizenship. He posted on Truth Social: “Because of the fact that Rosie O’Donnell is not in the best interests of our Great Country, I

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-815547287816195292025-07-12T14:39:00.000-07:002025-07-12T14:40:26.314-07:00

A Salt Lake City plastic surgeon -- Kirk Moore -- was indicted in 2023 for a COVID scam. I'll let the U.S. Attorney's announcement speak for itself:According to court documents, Dr. Michael Kirk Moore Jr., 58, of Salt Lake County, Utah and his co-defendants, listed below including his neighbor, ran a scheme out of Plastic Surgery Institute of Utah Inc. to defraud the United States and the

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-37042496877361437522025-07-11T12:54:00.000-07:002025-07-11T12:54:46.899-07:00

In an analysis piece posted on the NEJM website, law professor Scott Skinner-Thompson criticizes SCOTUS's recent opinion in the Skrmetti case (https://www.supremecourt.gov/opinions/24pdf/23-477_2cp3.pdf). In this case, the Court upheld Tennessee's ban on "the use of certain medical procedures for treating transgender minors." In particular, the law prohibits a healthcare provider

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-61768206949419127782025-07-09T10:38:00.000-07:002025-08-03T10:55:46.874-07:00

Twenty-five years after measles was eliminated in this country, there have been 1,288 cases this year (as of July 8), according to the CDC. The epicenter of this year's cases is one of the leading vaccine-skeptical states, Texas, where over 700 cases have been reported this year:Source: CDC65% of the cases involve individuals under 20 years of age. CDC reports 3 deaths, including 2 unvaccinated

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-50358177648277314892025-07-08T10:33:00.000-07:002025-07-08T10:54:06.016-07:00

In today's NY Times, economist Larry Summers shreds the new law* not for the horrible macroeconomic effects (an exercise he has already performed**) but for the impact on people. The op-ed is well worth reading (and the link should provide free access to nonsubscribers).A few highlights:"[A] focus on macroeconomics, while valid, misses the human brutality that I now see as the most

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-3175039936834857962025-07-01T13:19:00.000-07:002025-07-01T13:28:34.303-07:00

On June 30, DOJ announced the results of this year's Takedown:The Justice Department today announced the results of its 2025 National Health Care Fraud Takedown, which resulted in criminal charges against 324 defendants, including 96 doctors, nurse practitioners, pharmacists, and other licensed medical professionals, in 50 federal districts and 12 State Attorneys General’s Offices across the

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-63082845764259529842025-06-30T15:19:00.000-07:002025-07-01T12:27:44.090-07:00

The Kaiser Family Foundation's website is an invaluable resource for anyone trying to figure out what's at stake as the Senate struggles to formulate a version of the "One Big Beautiful Bill Act" bill that it can pass. They've created comparisons with current law and the House bill with four major areas of focus: Medicaid (where the draconian cuts may lose 4 GOP votes -- enough to kill it),

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-28276509373093448502025-06-29T15:52:00.000-07:002025-06-29T15:52:22.390-07:00

Over on Substack,* Nobel laureate Paul Krugman takes a hard look at the impact of the Big Bad Budget Bill that's taking shape in the Senate this week on health insurance. The impact will be worse than grim.After a quick review of what Obamacare did and didn't accomplish, Krugman writes:[I]t led to a large decline in the number of Americans without health insurance. It also led to a large

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-52007103996617013472025-06-27T04:00:00.000-07:002025-06-27T04:00:00.334-07:00

Trump's Department of Justice sued all 14 trial judges who serve in the District of Maryland. DOJ contests a standing order issued by the Chief Judge of the district that instructs to clerk of the court to enter a two-day temporary restraining order whenever someone files a petition for habeas corpus in a deportation case. The purpose of the TRO is to preserve the district court's jurisdiction to

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-14683861186870790442025-06-26T11:08:00.000-07:002025-06-26T11:08:02.646-07:00

HealthLawBlog tracks decisions of the U.S. Supreme Court that have some bearing on the cost, quality, access, and equitable distribution of health care goods and services. This includes a pretty vast number of federal statutes and related regulations, as well decisions in other areas of law that may eventually affect health care (First Amendment (speech and religion), Fifth & Fourteenth

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-54382576835398975462025-06-18T15:11:00.000-07:002025-06-18T15:11:40.183-07:00

This morning the Court handed down its decision in United States v. Skrmetti, No. 23-477 by a vote of 6-3 along entirely predictable political lines. Justice Roberts wrote the majority opinion, in which the Court held that the lower appellate court correctly applied the rational basis standard of review, rather than heightened judicial scrutiny of the Tennessee law. The Chief Justice

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-89198855950616454272025-06-17T08:56:00.000-07:002025-06-17T08:56:54.084-07:00

There's a handful of cases before SCOTUS that have been argued and, with only a couple of weeks left in the Term, are still awaiting decision. At the bottom of this post, I've listed health law cases that will be argued during the 2025 Term.Ker:r v. Planned Parenthood South Atlantic, No. 23-1275: Whether the Medicaid Act's any-qualified-provider provision unambiguously confers a private

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-10346149528942796142025-06-16T11:52:00.000-07:002025-06-16T11:52:23.570-07:00

It sounds like a headline from The Onion, but it appears to be real. As reported by the Latin Times and others (cited below), "The VA, which serves over 9 million veterans across more than 170 hospitals and 1,000 clinics, revised its internal bylaws to strip longstanding protections against discrimination based on political party, marital status, sexual orientation and national origin."I'm

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0tag:blogger.com,1999:blog-5550635.post-23417106512071506252025-06-12T14:08:00.000-07:002025-06-12T14:08:35.683-07:00

The nonpartisan Kasier Family Foundation (KFF) News service highlights some of the changes that won House approval and await consideration in the Senate. Presumably convinced that Obamacare won't get repealed anytime soon (after 60+ attempts to do so have failed), the GOP intends to kill it with a thousand cuts. Here are four:1. Tax Credits Are Jeopardized by Enrollment HasslesThe House-passed

Tom Mayohttp://www.blogger.com/profile/09554111799163466637noreply@blogger.com0