Home  |  Blog  |  News  |  CCPA Joins Amicus Curiae Brief in Copay Accumulator Lawsuit

CCPA Joins Amicus Curiae Brief in Copay Accumulator Lawsuit

CCPA recently joined nearly 30 organizations in the submission of an amicus curiae brief in the copay accumulator lawsuit that HIV + Hepatitis Policy Institute, Diabetes Patient Advocacy Coalition and Diabetes Leadership Council  has filed against the Department of Health and Human Services. An “Amicus Brief” is a submission to the court by a person or group not directly involved in a lawsuit but who feels they have a,  strong interest or will be impacted by the decision. This brief is being led by the nonprofit health policy organization, Aimed Alliance. Read the full press release on the amicus brief from the Aimed Alliance below:

Aimed Alliance and Over 25 Patient Advocacy Organizations Submit Amicus Brief in Copay Accumulator Lawsuit

WASHINGTON, D.C. February 9, 2023 – Today, 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.

Thank you to all organizations that signed on as amici to this brief.

ADAP Advocacy Association

Advocacy & Awareness for Immune Disorders Association (AAIDA)

Any Positive Chance

The Association of Community Cancer Centers (ACCC)

Autoimmune Association

Chronic Care Policy Alliance (CCPA)

Coalition of State Rheumatology Organizations

Community Access National Network (CANN)

Connecticut Oncolocy Association

Community Oncology Alliance

Equitas Health

EveryLife Foundation for Rare Diseases

Fabry Support & Information Group

Gaucher Community Alliance

Georgia AIDS Coalition

Global Liver Institute

Global Healthy Living Foundation

Healthy Men Inc.

Hemophilia Federation of America (HFA)

International Cancer Advocacy Network (ICAN)

Infusion Access Foundation

International Foundation for Autoimmune & Autoinflammatory Arthritis

National Health Law Program (NHeLP)

National Infusion Center Association (NICA)

National Consumers League (NCL)

National Oncology State Network

Rheumatology Nurses Society

Triage Cancer

Read the Amicus Curiae Brief Here