Category: Federal Litigation

Health Policy News – February 2020

Introduction On January 31, 2020, the Centers for Medicare and Medicaid Services (CMS) released the proposed Notice of Benefit and Payment Parameters (NBPP) and the draft Letter to Issuers in the Federally-facilitated Exchanges, as well as accompanying guidance and timelines. The March 2nd deadline for comment on the proposed policy changes included in the annual ...

Medicaid Updates: Regulations, Guidance and Litigation

The last several weeks saw a number of Medicaid policy-related developments. In our round-up below, we share key takeaways from each. Centers for Medicare and Medicaid Services Block Grant Guidance As we shared in our newsletter last month, CMS recently released a State Medicaid Director Letter with long-awaited guidance on Medicaid block grants. Earlier this ...

Health Policy News – December 2019

Health Policy News is once again dedicating our December edition to reflecting on the past year’s high-profile healthcare topics—providing context, summarizing recent developments, and predicting what activity is in store for these issues in the coming year. HPN editors Lisa Kaplan Howe and Margot Thistle have dedicated this edition to reflect on 2019 and forecast ...

2020 Prediction: More State Waivers and Activity Related to Major Health Policy Litigation and Federal Regulations

Many major health policy developments in 2019 were related to state waivers, major health policy litigation, and federal health insurance regulations, with activity on these issues expected to continue into 2020. One of these developments—this week’s new ruling in the Texas vs United States case challenging the validity of the Affordable Care Act (ACA)—is certain ...

Dishing from the 32nd National Academy of State Health Policy Annual Conference (#NASHPCONF19)

The Health Policy News team continued our summer conference travels and spent time in Chicago from August 21st-23rd at the 32nd Annual #NASHPCONF19. While we heard from many of our clients and listened to them speak about projects with which we are presently assisting, we also met many newcomers who were attending for the first ...

New Guidance on Association Health Plans

The standards for Association Health Plans (AHPs) continue to be in flux at the Federal level following the Federal District Court ruling at the end of March that invalidated major portions of last summer’s final Federal rule on AHPs. Since the final rule was already in effect for fully insured AHPs and existing self-insured AHPs, ...

Health Policy News – April 2019

Introduction In this month’s edition of Health Policy News, we delve into two of last month’s breaking Federal litigation updates: the decisions issued in cases regarding the Association Health Plan Final Rule and the use and operationalization of Medicaid work requirements. As both decisions reverse course on recent health policy developments, we analyze their likely ...

Work Requirement Waiver Approvals Vacated in Kentucky and Arkansas

On March 27, 2019,  Judge James Boasberg of the United States District Court for the District of Columbia issued rulings on back-to-back cases addressing work requirement eligibility criteria included in Section 1115 waiver applications submitted by the states of Arkansas and Kentucky. Judge Boasberg again ruled against the implementation of a Medicaid work requirement in Kentucky, ...

Court Ruling Invalidates Major Provisions of the New Association Health Plan Regulations

On March 28, 2019, Judge John D. Bates of the Federal District Court for the District of Columbia issued a ruling invalidating major provisions of last summer’s final rule on Association Health Plans (AHPs). The regulations—which were released by the U.S. Department of Labor (DOL) on June 19, 2018—established additional and more flexible criteria under ...