Stephen Weiner

Stephen Weiner

Mintz Levin

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Latest Publications


It’s Not Really ”Repeal and Replace”; It’s Transition

For the last six years, Republicans have talked about repeal and replacement of the Affordable Care Act. The election outcome now puts Republicans in a position of authority to take action on the Affordable Care Act. As we...more

11/14/2016 - Affordable Care Act Donald Trump Healthcare Reform Presidential Elections

The Health Policy Commission’s Annual Cost Trends Hearings

The Massachusetts Health Policy Commission conducted its fourth annual Cost Trends Hearing on October 17 and 18, 2016, under the requirements of Massachusetts’s 2012 health care reform legislation (“Chapter 224”). The hearing...more

11/1/2016 - Alternative Payment Models (APM) Attorney Generals Healthcare Reform Hospitals Pharmaceutical Industry Telemedicine Transparency

New Rules for ACOs in the MSSP

CMS issued a final rule, published in the Federal Register on Friday, June 10, 2016, updating how the performance of ACOs participating in the Medicare Shared Savings Program (MSSP) is measured and compensated. This rule is...more

6/16/2016 - ACOs Benchmarking CMS Final Rules Medicare Medicare Shared Savings Program

Tackling the Dragon of Hospital Price Disparity: Massachusetts's On-Going Efforts to Address Price Equity

Price disparities among hospitals pose one of the more intractable issues for policy makers, regulators and the government. That they exist is indisputable. Why they exist is a source of much contention. And the issue...more

6/8/2016 - Affordable Care Act Hospitals Pricing

Massachusetts Establishes Road-Map for New ACO Program

Massachusetts Secretary of Health and Human Services, Marylou Sudders, held a public meeting earlier this week to receive feedback on the proposal of the Executive Office of Health and Human Services (EOHHS) to overhaul the...more

4/22/2016 - ACOs HHS State Medicaid Programs

Thirteen Ways to Contain Health Care Costs in Massachusetts: The Health Policy Commission Issues Its 2015 Report and...

In 2012 Massachusetts adopted the most recent in a series of comprehensive legislative approaches to health care reform, Chapter 224 of the Acts of 2012 (Chapter 224), which focused especially on addressing the drivers of...more

1/28/2016 - ACOs Alternative Payment Models (APM) Healthcare Costs Healthcare Reform Patient Centered Medical Homes Transparency Value-Based Purchasing

Drug Costs, Risk Adjustment Drive Q2 Health Insurance Rate Increases

The Massachusetts Division of Insurance (DOI) recently held a two-day hearing on rate changes proposed by Massachusetts health insurance plans to be effective for the second quarter of 2016 (Q2). Presentations by carriers, in...more

1/27/2016 - Affordable Care Act Health Insurance Insurance Rates Premiums Prescription Drugs

ACO Model Expansion Hinges on Increasing Medicare Program Flexibility

Earlier this month, HHS Secretary Silvia Burwell made a game-changing announcement about the Obama Administration’s most significant alternative payment model (APM). The Pioneer Accountable Care Organization (Pioneer ACO)...more

5/29/2015 - ACOs CMS HHS Medicare

FTC Says New York’s Medicaid Redesign Program May Promote Anticompetitive Behavior

In an April 22, 2015 letter to the New York State Department of Health (DOH), the Federal Trade Commission (FTC) cautioned that part of the State’s Medicaid reform program may sanction anticompetitive behavior. The FTC’s...more

5/8/2015 - Alternative Fee Arrangements Anticompetitive Behavior Antitrust Provisions Department of Health DSRIP FTC Healthcare Reform Medicaid State Medicaid Programs

ACA Countdown to Compliance - 52 Week Series For Employers

In this volume, we have collected the 52 weekly blog posts that comprise the series entitled, The Affordable Care Act—Countdown to Compliance for Employers. The series appeared in the Mintz Levin Employment Matters Blog...more

2/25/2015 - ADA Affordable Care Act Cafeteria Plans EEOC Employer Group Health Plans Employer Mandates ERISA Full-Time Employees Health Insurance Honeywell International HSA Minimum Value Plans Pay or Play Self-Insured Health Plans Shared Responsibility Rule Wellness Programs

On the Verge of Melt-Down: Core of ACA at Risk and Remedial Options Scant If Supreme Court Rules Against Government in King v....

Important dates for the ACA: ..On November 7, 2014, the Supreme Court took what appears to be an unusual step in accepting review of King v. Burwell without the necessity or the benefit of a clear split on the outcome...more

1/6/2015 - Affordable Care Act Halbig v Burwell Health Insurance Exchanges Healthcare Reform IRS King v Burwell SCOTUS Subsidies

CMS Releases MSSP and Pioneer ACO Data on Shared Savings and Losses – Where Do We Go From Here?

On September 16, 2014, the Centers for Medicare & Medicaid Services (CMS) announced key shared savings and losses results of Accountable Care Organizations (ACOs) that began participating in the Medicare Shared Savings...more

9/24/2014 - ACOs CMS Healthcare Medicaid Medicare Medicare Shared Savings Program

The Affordable Care Act—Countdown to Compliance for Employers, Week 22: Charting the Future of the Premium Subsidies (and Employer...

On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax...more

7/28/2014 - Affordable Care Act Chevron Deference Employer Mandates Halbig v Burwell Health Insurance Health Insurance Exchanges Healthcare Reform IRS King v Burwell Subsidies Tax Credits

Charting the Future of Premium Subsidies under the Affordable Care Act: Halbig v. Burwell and King v. Burwell

On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax...more

7/25/2014 - Affordable Care Act Halbig v Burwell Healthcare IRS King v Burwell Subsidies Tax Credits

The Future of Premium Subsidies under the Affordable Care Act: 'Halbig v. Burwell' and 'King v. Burwell'

Both decisions addressed whether tax credits are available for residents in states that have federally-facilitated health exchanges. The District of Columbia Court of Appeals said “no”; the Fourth Circuit Court of Appeals...more

7/23/2014 - Affordable Care Act Chevron v NRDC First Glance Halbig v Burwell Health Insurance Exchanges King v Burwell Legal Perspectives Popular

Congress Moves Toward Permanent “Doc-Fix”

In a significant development, the House Ways and Means Committee and Senate Finance Committee each advanced its version of Sustainable Growth Rate reform legislation on Thursday, December 12. Thus, early next year, lawmakers...more

12/17/2013 - Medicare Physician Medicare Reimbursements

SGR Reform—Improved Outlook for Congressional Action This Year?

What is the SGR? The Sustainable Growth Rate (SGR) formula was enacted in 1992 as a statutory means of controlling Medicare spending by calculating annual updates to the Medicare physician fee schedule. The fee...more

10/25/2013 - CMS Healthcare Medicaid Medicare Physician Fee Schedule Physician SGR Formula Sustainable Business Practices

Government Shutdown Aftermath: CMS Under Pressure to Finalize Medicare Payment Rules

..Because of the prolonged government shutdown, the Centers for Medicare & Medicaid Services (CMS) may encounter delays in promulgating final payment rules that would otherwise be effective January 1, 2014. ..It is...more

10/21/2013 - CMS Home Health Care Medicare Payment Plans

Effect of a Government Shutdown on Medicare, Medicaid, and Other ACA-Related Operations

If the federal government is forced to shut down as a result of a budget impasse in Congress, discretionary programs and federal employees would be the most affected, while payments for Medicare services, the Affordable Care...more

9/26/2013 - Affordable Care Act Government Shutdown Medicaid Medicare

President’s 2014 Budget Proposal for the Department of Health and Human Services (HHS)

The Obama Administration released its proposed Fiscal Year 2014 budget on April 10th. The 244-page document outlines the President’s spending priorities for the coming fiscal year. The FY 2014 Budget for the Department of...more


Late Action to Avert “Fiscal Cliff” Includes Several Health Policy Changes

As was widely expected over the month of December, the Obama Administration and Congress scrambled in the late hours of 2012 and on New Year’s Day devising a legislative package to prevent the United States from going over...more

1/5/2013 - American Taxpayer Relief Act Federal Budget Fiscal Cliff Healthcare

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