Health Affairs  |  August 31, 2022

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On August 26, 2022, the Fifth Circuit Court of Appeals upheld a district court decision that the Department of Health and Human Services (HHS) cannot enforce certain interpretations of Section 1557 of the Affordable Care Act (ACA) against the religious plaintiffs in a case known as Franciscan Alliance. This decision is the third time that the Fifth Circuit has considered Franciscan Alliance, a case decided by Judge Reed O’Connor that was filed in 2016 and that has played a significant role in dueling rules to interpret Section 1557.

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