10.18.19 — Northeastern Law's Center for Health Policy and Law, in collaboration with Public Health Law Watch (PHLW), Health in Justice Action Lab and others, was a signatory to an amicus brief drafted by Professor Wendy Parmet, Health Law Advocates (HLA) and Foley Hoag in response to the recent Public Charge Rule. The brief, filed in the state of Washington, was cited in the federal court’s decision to block the Trump administration’s implementation of the new rule. This was one of several lawsuits filed across the US and one of multiple jurisdictions in which the brief was submitted. Courts in California and New York filed similar decisions.

The order by the Washington federal court referenced the brief:

“As further illustration of DHS’s unmooring from its Congressionally delegated authority, DHS justifies including receipt of Medicaid in the public charge consideration by reciting that “the total Federal expenditure for the Medicaid program overall is by far larger than any other program for low-income people.” ECF No. 109 at 41 (brief from Health Law Advocates and other public health organizations, quoting 84 Fed. Reg. at 41,379). However, “[t]he cost of Medicaid is not DHS’s concern[, as] Congress delegated the implementation and administration of Medicaid, including the cost of the program, to HHS and the states.” Id. (citing 42 U.S.C. §§ 1396, 1396-1, 1315(a)). Congress cannot delegate authority that the Constitution does not allocate to the federal government in the first place, and the states exercise a central role in formulation and administration of health care policy.”

 Order Granting Plaintiff States’ Motion for Section 705 Stay and Preliminary Injunction, pp. 45-46, ECF No. 162, State of Washington, et al. v. United States Department of Homeland Security, et al., Case No. 4:19-cv-05210-RMP (E.D. Wash. 2019)

About the Center for Health Policy and Law

Northeastern Law's Center for Health Policy and Law provides a rich context for students and researchers interested in public health law, health and human rights, health governance, health care financing, drug law, intellectual property, bioethics, health care delivery law and the regulation of our health care systems. It is guided by faculty with diverse areas of expertise and is affiliated with an array of university-wide institutes, programs and experiential learning opportunities.

About Northeastern University School of Law

The nation’s leader in experiential legal education since 1968, Northeastern University School of Law offers the longest-running, most extensive experience-based legal education program in the country and is a national leader in legal education reform. Founded with cooperative legal education as the cornerstone of its program, Northeastern guarantees its students unparalleled practical legal work experiences. All students participate in full-time legal placements, and can choose from the more than 1,500 employers worldwide participating in the school’s signature Cooperative Legal Education Program. The future of legal education since 1968, Northeastern University School of Law blends theory and practice, providing students with a unique set of skills and experience to successfully practice law.

For more information, contact d.feldman@northeastern.edu.