Also known as:U.S. Department of Health and Human Services · HHS · DHHS
Written by attorneys · grounded in primary & secondary sources — see below
An executive department of the federal government responsible for health, welfare, and income security programs. The department is headed by the Secretary of Health and Human Services and oversees agencies that administer federal grants, regulate health care, and enforce related statutes.
Sources & Authorities
How it applies
Common Examples
6
Accredited Genetic Testing Lab
Diane Dawson petitions to establish paternity after a laboratory performs genetic tests on samples from her child and the alleged father. The court admits the results only after confirming that the laboratory holds accreditation from a body designated by the Secretary of the United States Department of Health and Human Services. Because the accreditation satisfies the statutory standard, the test results establish the requisite relationship index and support the parentage order.
Contraceptive Mandate Exemption
Decker Electronics, a closely held corporation, objects on religious grounds to providing contraceptive coverage required by the Affordable Care Act. The Department of Health and Human Services had issued regulations allowing certain employers to opt out through self-certification to their insurer. The court holds that the accommodation sufficiently protects the company's religious exercise while advancing the government's interest in employee health care access.
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Uniform Acts
Dictionaries
Burwell v. Hobby Lobby Stores, Inc.573 U.S. 682 (2014)
Title X Funding Restrictions
Destiny Davis operates a family planning clinic that receives Title X funds. The Department of Health and Human Services issues regulations prohibiting the use of those funds for abortion counseling or referrals. The clinic challenges the rules as violating patients' constitutional rights, but the court upholds the restrictions because the government may choose not to subsidize certain activities with public money.
Rust v. Sullivan500 U.S. 173 (1991)
Group Home Zoning Dispute
Cleburne Living Center seeks a permit to operate a group home for individuals with intellectual disabilities in an R-3 zone. City officials deny the permit citing concerns about safety and neighborhood character. The Department of Health and Human Services standards for intermediate care facilities inform the record, yet the court finds the denial rests on irrational prejudice rather than legitimate zoning interests.
City of Cleburne, Texas, et al. v. Cleburne Living Center, Inc., et al.473 U.S. 432, 105 S. Ct. 3249, 87 L. Ed. 2d 313 (1985)
Expert Testimony on Drug Safety
Daniel Diaz sues Davenport Pharmaceuticals after his child suffers birth defects allegedly linked to a prescription medication. Plaintiffs offer expert testimony that the drug causes limb reduction defects. The Department of Health and Human Services has continued to approve the drug based on available studies, and the court excludes the testimony because it lacks sufficient scientific support under the applicable evidentiary standard.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Marriage Recognition Challenge
Denise Donovan and her same-sex spouse seek recognition of their out-of-state marriage for federal benefits administered through programs overseen by the Department of Health and Human Services. State law refuses to recognize the marriage. The court holds that the Fourteenth Amendment requires states to license and recognize same-sex marriages on equal terms with opposite-sex marriages.
Obergefell v. Hodges576 U.S. 644 (2015)
Common questions
Frequently Asked
5
What cabinet department administers Medicare and Medicaid?+
The Department of Health and Human Services oversees the Centers for Medicare and Medicaid Services, which administer those programs along with other health and welfare initiatives.
How does the Department of Health and Human Services appear in parentage litigation?+
The Secretary may designate accrediting bodies for laboratories that perform genetic testing used to establish parentage under the Uniform Parentage Act.
What role did the Department of Health and Human Services play in the contraceptive mandate litigation?+
The Department promulgated regulations implementing the Affordable Care Act's contraceptive coverage requirement and later created an accommodation allowing certain employers to opt out on religious grounds.
May the Department of Health and Human Services restrict the use of Title X funds for abortion-related speech?+
Yes. Regulations prohibiting the use of those funds for abortion counseling or referrals are permissible because the government need not subsidize the exercise of constitutional rights.
How did Department of Health and Human Services standards factor into a zoning challenge involving a group home?+
The standards for intermediate care facilities supplied background information, yet the denial of a permit was struck down because it rested on irrational prejudice rather than legitimate governmental interests.
576 U.S. 644 (2015)Legislation and Regulation
…Equal Protection v. Bruning , 455 F. 3d 859 (CA8 2006) Windsor v. United States , 699 F. 3d 169 (CA2 2012) Massachusetts v. Department of Health and Human Services , 682 F. 3d 1 (CA1 2012) Perry v. Brown , 671 F. 3d 1052 (CA9 2012) Latta v. Otter , 771 F. 3d 456 (CA9 2014) Baskin v. Bogan , 766 F. 3d 648 (CA7 2014) Bishop v. Smith , 760 F. 3d…