April 2023

Update: On June 13, 2023, the 5th Circuit issued a stay order which freezes the ruling issued by a Texas federal district court that voided the ACA requirement for health plans to cover preventive items and services (without cost-sharing) recommended by the U.S Preventive Services Task Force (USPSTF). For more information, see our blog post

Seyfarth Synopsis: The Consolidated Appropriations Act, 2021 (“CAA”) contains a requirement that that group health plans may not have agreements with service providers that would restrict certain information that the plan may make available to another party (the “Gag Clause Prohibition”) and must attest on an annual basis that they are complying (the “Compliance Attestation”).

Seyfarth Synopsis: In an anticipated decision, released late on Friday April 7, 2023 of the Easter weekend, Texas District Court Judge Kacsmaryk has halted the FDA’s approval of Mifepristone. While in Washington State, District Court Judge Thomas Rice granted a motion to enjoin the FDA from altering the status quo related to Mifepristone.

Mifepristone was