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  1. Services
  2. Federal & State Health Policy

Insights on Federal & State Health Policy

61 total results. Page 3 of 3.

Health Care Counsel Blog
New CMS Final Rule Gives States Increased Flexibility to Define Essential Health Benefits Despite Disapproval from Patient Advocacy Groups
April 19, 2018
Caroline Turner English, David S. Greenberg

In a new final rule released on April 9, 2018, CMS is allowing states substantially more flexibility in selecting Essential Health Benefits (EHB)-benchmark plans for the 2020 plan year.

Health Care Counsel Blog
Drug Manufacturers Participating in 340B Program Must Execute New Pricing Agreement Addendum
November 7, 2016
Stephanie Trunk

Recently, the Health Resources and Services Administration released a new addendum to amend the existing Pharmaceutical Pricing Agreements that drug manufacturers participating in the 340B Drug Pricing Program must have in place with the Secretary of Health and Human Services.

Health Care Counsel Blog
New Dispute Resolution Process Finally Proposed for 340B Program
August 22, 2016
Stephanie Trunk

On August 12, 2016, the Health Resources and Services Administration published a proposed rule setting forth the requirements and procedures of the administrative dispute resolution process applicable to all covered entities and drug manufacturers participating in the 340B Drug Pricing Program.

Health Care Counsel Blog
Ensuring Compliance with CMS 60-Day Overpayment Rule
August 16, 2016

Everyone working in the health care industry today knows how often overpayments can occur; nevertheless, it is clear under the Affordable Care Act that any provider who receives an identified overpayment is under a direct legal mandate to return it.

Health Care Counsel Blog
CMS’s Long-Awaited Final 60-Day Repayment Rule Provides Guidance and Eases Some Requirements for Health Care Providers and Suppliers
February 18, 2016
David S. Greenberg, Hillary M. Stemple

On Friday, February 12, 2016, the Centers for Medicare and Medicaid Services (CMS) released the long-awaited Final Rule and regulations, providing much needed guidance to providers and suppliers on how to meet the Affordable Care Act’s (ACA’s) 60-day overpayment mandate.

Health Care Counsel Blog
The Final AMP Rule: An Overview for Stakeholders
January 28, 2016
Stephanie Trunk

On January 21, 2016, the Centers for Medicare & Medicaid Services (CMS) released the long-awaited Final Rule implementing changes to the Medicaid Drug Rebate Program (MDRP) under the Affordable Care Act (ACA).

Health Care Counsel Blog
Stark Law is Coming: Adventist Health System Pays $118.7 Million in Third Large September Settlement
October 5, 2015

On September 21, 2015, the US DOJ and whistleblowers’ counsel announced that Florida-headquartered Adventist Health System (Adventist) had agreed to pay $118.7 million to resolve allegations that it violated the FCA by submitting claims in violation of the Stark law and by miscoding claims.

Health Care Counsel Blog
Yet Another Challenge to the Affordable Care Act: House of Representatives’ Constitutional Claim Allowed to Proceed
September 10, 2015
Thomas E. Jeffry, Jr.

After surviving two challenges that resulted in U.S. Supreme Court decisions that essentially preserved the law, the Affordable Care Act will face additional judicial scrutiny as a federal district court has denied the administration’s motion to dismiss the case brought by the House last year.

Health Care Counsel Blog
Midsummer Nightmare: Opinion in Continuum Health Partners Case Suggests We Can Identify the Unknown
August 7, 2015
Thomas E. Jeffry, Jr.

On Monday, a federal district court judge in New York issued a ruling that, if adopted broadly, will have a significant – and potentially nightmarish – impact on any provider who receives an overpayment from Medicare or Medicaid.  Kane v. Healthfirst, Inc. and U.S. v. Continuum Health Partners Inc. 

Health Care Counsel Blog
What the Obergefell v. Hodges Decision May Mean to the Health Care Industry
July 9, 2015
Thomas E. Jeffry, Jr.

King v. Burwell understandably took the attention of the health care industry a couple of weeks ago when it upheld a key component of the ACA. A day later, the Supreme Court released another decision that may have a more significant going-forward impact on the health care industry: Obergefell.

Health Care Counsel Blog
Subsidies Survive! Supreme Court Upholds ACA Tax Credits in King v. Burwell
June 25, 2015
Thomas E. Jeffry, Jr.

In the long awaited decision in King v. Burwell, the Supreme Court ruled this morning in a 6-to-3 decision that the Affordable Care Act (ACA) permits tax credits for individuals who purchase their health insurance through a Federal health insurance marketplace (Federal Exchange), not just for indivi

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