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The No Surprises Act Gets Litigated

On October 28, the Texas Medical Association (TMA), a trade association that represents more than 55,000 physicians and medical students, filed a lawsuit in the Eastern District of Texas challenging key portions of CMS’s...more

DC Circuit Revives Medicare Advantage Overpayment Rule

On August 13, the D.C. Circuit revived the CMS 2014 Medicare Advantage Overpayment Rule in deciding UnitedHealthcare Ins. Co. v. Becerra, a ruling that could have broad implications for Medicare Advantage (MA) insurers. See...more

CMS Proposed Rule Could Dramatically Increase Recoupments From Medicare Advantage Insurers

On October 26, the Centers for Medicare and Medicaid Services (CMS) issued a notice of proposed rulemaking that would significantly alter the risk adjustment data validation (RADV) methodology that applies to Medicare...more

Court Rejects CMS's Attempt to Broaden False Claims Act Liability in Medicare Overpayment Rule

The U.S. District Court for the District of Columbia handed down a major victory to Medicare Advantage issuers on September 7, 2018, vacating a 2014 CMS regulation relating to Medicare Advantage overpayments. ...more

Another One Bites the Dust: CMS Quashes Ohio's Plan to Waive ACA Requirements, For Now

We have recently seen an uptick in state initiatives designed to skirt requirements under the Affordable Care Act (ACA). We last wrote about Idaho’s failed attempt to permit health insurers to sell noncompliant plans, which...more

CMS Thwarts Idaho's Attempts to Skirt Affordable Care Act, But Provides a Path Forward

Last month, we reported that Idaho announced a controversial plan to allow insurers to sell policies that do not comply with certain ACA requirements — a move that some feared would set a precedent for other states. ...more

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