Aimed Alliance, and twenty-eight other organizations asked the U.S. District Court for the District of Columbia to accept their amicus curiae brief in the HIV + Hepatitis Policy Institute, Diabetes Patient Advocacy Coalition & Diabetes Leadership Council v. Department of Health and Human Services lawsuit.
Civil litigation involves a dispute between a plaintiff and a defendant, and the resolution of the case will affect each of their interests. In some cases, however, the outcome of the litigation has the potential to impact people other than the litigating parties. For such cases, an “amicus curiae” (Latin for “friend of the court”) may file a brief to provide the court with relevant perspectives, information, and arguments that demonstrate how a particular ruling could affect nonlitigating parties, such as consumers.
If accepted, the amicus brief will help the court fully understand how copay accumulators negatively impact health care consumers, caregivers, and health care providers. The brief supports a judgment in favor of plaintiffs (HIV + Hepatitis Policy Institute, et al). The brief also argues that HHS’ decision to permit health plans to exclude copay assistance from counting towards consumers’ annual limit on cost-sharing:
(1) Is inconsistent with the definition of cost-sharing under the Patient Protection and Affordable Care Act (ACA);
(2) Contradicts the intent of the ACA – to make health care coverage fairer and more affordable; and
(3) Improperly relied on an IRS guidance document from 2004 to justify the decision, namely by conflating discount cards and copay assistance.
In addition, the amicus brief explains the broader national health policy concerns stemming from the use of copay accumulators, including jeopardizing the health stability of consumers; increasing overall health care costs; and permitting the erosion of essential health benefits under the ACA.
Read the amicus brief here.
Last Updated on February 17, 2023 by Aimed Alliance
