Searching Content by James Segroves from Reed Smith ordered by Published Date Descending.
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About That Brand Memo . . .
Issued in January 2018, the so-called Brand Memo reminded Department of Justice (DOJ) attorneys that "[g]uidance documents cannot create binding requirements that do not already exist by statute or regulation."
United States
23 Aug 2019
CMS Proposes Easing State Requirements For Demonstrating Medicaid Beneficiary Access To Care
The Centers for Medicare & Medicaid Services (CMS) has proposed rescinding current procedural standards that must be met for states to
United States
24 Jul 2019
Supreme Court Decides Important Agency-Deference Question
As we reported back in March 2019, the Supreme Court of the United States was reexamining what level of deference, if any, courts must show to a federal agency.
United States
9 Jul 2019
Be Careful What You Ask For: The FCA Implications Of DOJ's New ACA Stance
As many industry observers know, the Department of Justice (DOJ) recently filed an appellate brief arguing that the Affordable Care Act (ACA) should be struck down in its entirety following Congress'
United States
17 May 2019
CMS Proposes $887 Million Boost In Medicare Payments To Skilled Nursing Facilities In FY 2020 While Floating Expanded Group Therapy Definition
The Centers for Medicare & Medicaid Services (CMS) recently released its 232-page proposed rule to update the Medicare skilled nursing facility (SNF) prospective payment system (PPS)
United States
7 May 2019
Supreme Court Hearing Oral Argument On Agency-Deference Question
The Supreme Court of the United States heard oral argument on March 27, 2019 concerning a case (Kisor v. Wilkie, No. 18-15) involving the Department of Veteran Affairs (VA).
United States
9 Apr 2019
Supreme Court Poised To Decide Important Agency-Deference Question
In litigation challenging the actions of any federal agency, the level of deference a court must show to the agency often dictates the outcome.
United States
9 Apr 2019
Congress Approves Novel Use Of Congressional Review Act To Invalidate Agency Guidance Document; Potential New Avenue Of Relief For Health Industry?
As we reported on April 20, 2018, the Senate recently approved a joint resolution of disapproval under the CRA invalidating a five-year-old guidance document issued by the Consumer Financial Protection Bureau.
United States
11 May 2018
United States
24 Apr 2018
CMS Proposes Easing Rules For State Medicaid FFS Access Monitoring
The Centers for Medicare & Medicaid Services (CMS) is proposing to exempt states with high rates of Medicaid managed care enrollment from current requirements to analyze and monitor access...
United States
28 Mar 2018
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