Medicaid, SCOTUS, Centers for Medicare & Medicaid Services (CMS)

The Overturn of Chevron: A New Design for Healthcare Law

Bradley Arant Boult Cummings LLP on 7/15/2024

On June 28, 2024, SCOTUS overturned the long-standing Chevron doctrine in its decision Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. The Court’s ruling will have a significant impact on...more

What Does the End of Chevron Deference Mean for Federal Health Care Programs?

Foley & Lardner LLP on 7/2/2024

On June 28, 2024, the Supreme Court rejected the doctrine of Chevron deference in the closely watched case of Loper Bright Enterprises v. Raimondo. In a 6-3 decision, the Court held that Chevron’s rule that courts must defer...more

What the Supreme Court's "Chevron Deference" Ruling Could Mean for Health Care Law

Baker Donelson on 6/26/2024

Baker Donelson recently published Anticipating SCOTUS Ruling on Chevron Deference – What to Know and Five Ways to Prepare explaining the United States Supreme Court's upcoming ruling which is expected to impact the regulatory...more

CMS Issues Ruling 1498-R3 Revoking 1498-R2 Regarding Disproportionate Share Medicare/SSI Fractions

King & Spalding on 3/21/2024

On March 4, 2024, CMS issued Ruling 1498-R3 which revokes CMS Ruling 1498-R2. CMS Ruling 1498-R2 gave providers the option of using either “total” days or “covered” days in calculating their disproportionate share (DSH)...more

The Supreme Court’s Ruling Narrows Available FCA Scienter Defenses

Proskauer - Health Care Law Brief on 6/20/2023

In a unanimous opinion, the United States Supreme Court (“Court”) recently held that the False Claims Act’s (“FCA”) scienter requirement refers to a defendant’s knowledge and subjective beliefs, rather than what a...more

The U.S. Supreme Court Expands Lawsuit Options Against State Long Term Care Facilities

Woods Rogers on 6/9/2023

On June 8, 2023, the United States Supreme Court granted long-term care residents the right to sue state-run facilities under federal laws. This opinion creates a new line of litigation against state long-term care...more

Supreme Court FCA Decision and NLRB GC Memo on Non-Competes

Schwabe, Williamson & Wyatt PC on 6/9/2023

Two important decisions, one by the United States Supreme Court and one by the General Counsel for the National Labor Relations Board (“NLRB”), were issued this week and may be of interest to government contractors and...more

The Government’s Ability to Combat Fraud is on the Line in False Claims Act Supreme Court Case

Kohn, Kohn & Colapinto LLP on 4/17/2023

Oral arguments are scheduled for April 18, 2023, in the Supreme Court case combining two Seventh Circuit Court of Appeals cases U.S. ex rel. Schutte v. SuperValu, Inc. (“SuperValu”) and U.S. ex rel. Thomas Proctor v. Safeway,...more

Section 1983’s Private Right of Action Might Live to See Another Day: An Overview of Oral Arguments in HHC v. Talevski

Foley Hoag LLP - Medicaid and the Law on 11/17/2022

On the morning of November 8, while many Americans were still casting their votes and getting ready for Election Night parties, the Supreme Court heard oral arguments for Health & Hospital Corporation of Marion County v....more

What’s Next in Washington? - July Edition

Foley & Lardner LLP on 7/8/2022

With just a few short weeks left until August recess, there is no shortage of items on the congressional to-do list. The latest round of Supreme Court decisions has inspired new action within Congress to pass legislation...more

What’s Next in Washington? - June 2022

Foley & Lardner LLP on 6/1/2022

Unexpected events last month re-energized two key policy debates. In early May, a leaked draft opinion by Justice Samuel Alito showed that the Supreme Court is poised to overturn Roe v. Wade in its decision of Dobbs v....more

District Court Enjoins Montana State Statute Which Prohibits Healthcare Providers from Denying Employment Based on a Person’s Lack...

King & Spalding on 4/5/2022

On March 18, 2022, a group of providers successfully obtained a preliminary injunction to stop enforcement of a Montana statute that prohibits employers, including healthcare providers, from compelling their employees to...more

CMS Vaccine Mandate and Home Care Providers – Investor Takeaways

Foley & Lardner LLP on 3/2/2022

The COVID-19 vaccine mandate implemented by the Centers for Medicare and Medicaid Services (CMS) has affected investor interest in non-acute care providers and suppliers, including home care providers. As our colleagues...more

Healthcare Vaccine Mandate Deadline Pushed In 24 States

Kohrman Jackson & Krantz LLP on 1/24/2022

Following the United States Supreme Court’s recent decision to enforce the COVID-19 vaccine mandate over healthcare workers at facilities that participate in Medicare and Medicaid, the deadline to become fully vaccinated has...more

Supreme Court Upholds Vaccine Mandate for Medicare and Medicaid-Certified Providers and Suppliers

Ervin Cohen & Jessup LLP on 1/20/2022

On the same day that the United States Supreme Court imposed a stay of enforcement on OSHA’s vaccine mandate for private employers with over 100 employees, the Court ruled that the Centers for Medicare & Medicaid Services...more

CMS Vaccine Mandate: New Deadlines

Holland & Hart LLP on 1/19/2022

On January 13, 2022, a divided Supreme Court vacated the injunctions that applied to CMS's vaccine mandate in 24 states, thereby allowing CMS to enforce its mandates in all states except Texas. ...more

U.S. Supreme Court Lifts Injunction Against CMS’ Health Care Facility Vaccine Mandate: What Does This Mean for Your Health Care...

Dorsey & Whitney LLP on 1/18/2022

Health care employers are not alone in feeling overwhelmed by the constantly changing legal status of the various federal vaccine mandates. On Thursday afternoon, the Supreme Court made its rulings on two preliminary...more

SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/14/2022

On December 7, 2021, the Supreme Court of the United States heard oral argument on the cases challenging both the secretary of Health and Human Services’ interim final rule and the secretary of Labor’s emergency temporary...more

The Supreme Court - January 13, 2022

Dorsey & Whitney LLP on 1/14/2022

National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more

Supreme Court Stays OSHA Vaccine Rule

Williams Mullen on 1/14/2022

The United States Supreme Court blocked the Biden administration from implementing and enforcing its OSHA vaccine-or-test requirements for large, private companies, see here. In a 6-3 majority opinion, the Court found that...more

Supreme Court Hears Oral Argument on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard and CMS Vaccine Rule

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2022

On Friday, January 7, 2022, the Supreme Court of the United States heard oral arguments on challenges to the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard...more

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