News & Analysis as of

Medicare Disparate Impact

Manatt, Phelps & Phillips, LLP

CMS Weighs in on the Use of Algorithms and Artificial Intelligence in Coverage Determinations

Apparently in light of recent litigation against Medicare Advantage (MA) plans, on February 6, 2024, CMS published responses to frequently asked questions (FAQs) regarding the use of algorithms and artificial intelligence in...more

Dorsey & Whitney LLP

The Supreme Court - June 22, 2022

Dorsey & Whitney LLP on

Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641: This case concerns the interpretation of the Medicare Secondary Payer Act’s (MSPA) anti-discrimination provisions regarding individuals with...more

Dorsey & Whitney LLP

The Supreme Court - July 2, 2021

Dorsey & Whitney LLP on

Hughes v. Northwestern University, No. 19-1401: Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment...more

ArentFox Schiff

The Medicare Secondary Payer Act Prohibits Disparate Impact Discrimination, the Sixth Circuit Rules

ArentFox Schiff on

The Sixth Circuit has issued an important decision that condemns plan provisions that provide different benefits based on a patient’s need for continued dialysis, even if the provision applies to all dialysis patients and not...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Sixth Circuit Rejects MSPA and ERISA Discrimination Claims

Seeking to control healthcare costs, many group health plans have adopted amendments that lower reimbursement rates for the treatment of end-stage renal disease ("ESRD"), which requires long-term dialysis treatment or a...more

King & Spalding

CMS Releases Medicare Equity Plan to Reduce Health Disparities

King & Spalding on

On September 8, 2015, the CMS Office of Minority Health unveiled the CMS Equity Plan for Improving Quality in Medicare (Equity Plan), the first plan designed to address health equity issues in Medicare. The plan was...more

Holland & Knight LLP

Religious Institutions: June 2015

Holland & Knight LLP on

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

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