Also known as:Health and Human Services · DHHS · Dept. of HHS · U.S. HHS
Written by attorneys · grounded in primary & secondary sources — see below
A federal executive department responsible for protecting public health and delivering essential human services. The department administers programs ranging from Medicare and Medicaid to child support enforcement and food and drug regulation.
Sources & Authorities
How it applies
Common Examples
6
Paternity Test Accreditation Dispute
Hakim Hall petitions to establish paternity of a child. The State Child Support Division offers results from the Central Valley Public Health Laboratory. The laboratory holds accreditation only for infectious disease work. The court excludes the results because the laboratory lacks accreditation by the AABB or a body designated by the Secretary of HHS.
Individual Mandate Penalty Challenge
Felicity pays the annual individual mandate penalty collected with her federal income tax return. She sues the Department of Health and Human Services claiming the exaction is an unconstitutional penalty rather than a tax. The court upholds the payment after examining its income-based structure and substantial revenue projection.
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Uniform Acts
Dictionaries
National Federation of Independent Business v. Sebelius567 U.S. 519 (2012)
Contraceptive Mandate Objection
Hammer Construction objects to providing certain contraceptive coverage under its employee health plan. The company sues the Department of Health and Human Services asserting a religious exemption. The court evaluates whether the mandate substantially burdens the company's exercise of religion.
Burwell v. Hobby Lobby Stores, Inc.573 U.S. 682 (2014)
Marriage Recognition Dispute
Hannah Hughes and her spouse seek recognition of their out-of-state marriage for federal benefits administered by the Department of Health and Human Services. State officials refuse recognition under existing law. The court considers whether the federal definition of marriage violates equal protection.
Obergefell v. Hodges576 U.S. 644 (2015)
Subsidy Eligibility Dispute
Harriet Hamilton purchases health insurance through a federally facilitated exchange. She claims premium tax credits administered in part through HHS programs. State officials challenge the availability of the credits. The court determines whether the statutory text permits credits on federal exchanges.
King v. Burwell135 S. Ct. 2480 (2015)
Copyright Term Extension Challenge
Hope Howard publishes works whose copyrights would have expired under prior law. She challenges the extended term. The court evaluates whether the extension violates the Copyright Clause.
Eldred v. Ashcroft537 U.S. 186
Common questions
Frequently Asked
5
What does the abbreviation HHS stand for in federal statutes and regulations?+
HHS is the standard abbreviation for the Department of Health and Human Services, the federal executive department that administers public health programs and human services.
Which accrediting bodies must a genetic testing laboratory satisfy under the Uniform Parentage Act when HHS designation is involved?+
The laboratory must be accredited by the AABB or by an accrediting body designated by the Secretary of the United States Department of Health and Human Services.
How does the Take Care Clause limit presidential directives to HHS regarding statutory enforcement schemes?+
The clause requires the President to ensure faithful execution of existing statutes rather than substitute an alternative enforcement regime created solely by executive action.
When is an exaction administered by HHS treated as a tax rather than a penalty for constitutional purposes?+
An exaction is treated as a tax when it varies with income and filing status, is collected by the IRS with tax returns, and is projected to raise substantial revenue, regardless of regulatory purpose.
May Congress channel constitutional challenges to HHS-administered regulations exclusively to an intra-agency board?+
Congress may limit district court jurisdiction over such challenges when it creates a specialized federal forum and preserves some federal adjudicative path, consistent with Article III authority to regulate jurisdiction.
576 U.S. 644 (2015)Legislation and Regulation
…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…