Medicaid managed care proposed rule seeks to align Medicaid with Medicare Advantage and Qualified Health Plans


On June 1, 2015, the US Centers for Medicare & Medicaid Services (CMS) published its proposed rule on Medicaid managed care (CMS-2390-P).  According to CMS, one of the primary purposes of the proposed rule is to “align the rules governing Medicaid managed care with those of other major sources of coverage, including coverage through Qualified Health Plans and Medicare Advantage plans […].”1  This advisory, the fifth and final in our series, will examine CMS’ actions towards this stated purpose.

To promote alignment with certain other types of health coverage, CMS proposes significant modifications to the existing Medicaid managed care rules in the following major areas:

  • Marketing;
  • Appeals and Grievances;
  • Medical Loss Ratio (MLR);
  • Coordination and Continuity of Care;
  • State Review and Approval of Managed Care Organizations (MCOs), Pre-paid Inpatient Health Plans (PIHPs), and Pre-paid Ambulatory Health Plans (PAHPs); and
  • the Quality Rating System.

If finalized as proposed, alignment with other health care coverage programs will likely be beneficial to enrollees in terms of offering them greater protections, as well as more consistency as they move in and out of the various programs.  Moreover, standardization will ease administrative burdens on CMS and large health plans that market in both private and public markets across multiple States.   However, the proposed rule would impose substantial burdens on States coming into compliance and may disadvantage small health plans, especially PAHPs. After a brief preface concerning the relevant populations being "aligned," we examine various modifications to the key areas in greater detail below.

Medicaid, Medicare Advantage , and Qualified Health Plans—Different Populations and Different Operations

CMS recently released the 2014 Actuarial Report on the Financial Outlook For Medicaid which provides useful background on the characteristics of the Medicaid program and the people it serves.2   The CMS actuaries project that Medicaid will spend US $529 billion (Federal, State and local spending) on 68.8 million enrollees in Fiscal Year 2015.3  Of the Medicaid population, 29.6 million (43 percent) are children; 15 million (22 percent) are previously eligible adults; 10.2 million (15 percent) are individuals with disabilities; 7.4 million (11 percent) are newly eligible adults; and 5.5 million (8 percent) are elderly.  In FY 2013, managed care payments and premiums totaled US $147 billion or 34 percent of Medicaid medical assistance payments.

By comparison, Medicare Advantage (MA) plans are expected to serve 17.6 million individuals in 2015 (31.5 percent of total Medicare enrollees), who are either seniors or who qualify for Medicare because of a disability.4   Most MA plans are coordinated care plans, though a small number are private fee-for-service plans.  A discrete number of specialized MA plans serve individuals who need institutional care or who are dually eligible for Medicare and Medicaid.  According to the 2015 Medicare Trustees Report, Medicare will spend almost US $175 billion on payments to private health plans in 2015.5   Between Medicare and Medicaid, private health plans will receive more than US $300 billion this year from these government programs.

The programs are operationally distinct as well. CMS reports that the Qualified Health Plans (QHPs) offered through State or Federal exchanges (the Marketplace) under the Affordable Care Act (ACA) serve 10.2 million individuals, almost all of whom are adults aged 18 to 65.  The Federal government has not reported how much it has spent on QHP premiums through subsidies.  Still, the Federal payments in connection with these three programs is, by almost any measure, significant.

Despite CMS' goal of better aligning the three programs, Medicaid, Medicare, and the Marketplace will continue to serve very different populations and operate very differently because of differing statutory authorities, populations, and enrollment mechanisms, and other operational issues.  This advisory outlines certain key areas in which CMS has made a deliberate effort to narrow the differences between programs.6

Marketing (Proposed 42 C.F.R. Section 438.104)

Due to past abuses, CMS strictly limited marketing practices of health plans aimed at Medicaid enrollees.  With the development of the Marketplace, and recognizing that individuals may move between Medicaid health plans and QHPs, CMS now proposes to amend the definition of "marketing" in Section 438.104 to expressly allow communications from a QHP to Medicaid beneficiaries. This proposed change is based on a recognition that "consumers may experience periodic transitions between Medicaid and QHP eligibility, and families may have members who are divided between Medicaid and QHP coverage." As such, selecting a carrier that offers both types of products may be the most effective way for some consumers to manage their health care needs.  CMS aims to improve coordination of care and minimize disruptions in care by eliminating a potential impediment to complete and effective information sharing by entities that offer both QHPs and Medicaid entities about coverage options.7

This provision will undoubtedly be welcomed by those entities that offer both Medicaid and QHP products.  It may provide some benefit to enrollees who could gain a greater understanding of how insurance coverage works and what coverage options are available to them and could provide greater continuity.

Appeals and Grievances (Proposed 42 C.F.R. Sections 431.200, 431.220, 431.244, 438.400 - 438.424)

CMS proposes numerous changes to current regulations in an effort to conform existing Medicaid managed care grievance and appeals procedures with QHP and MA rules on appeals and grievances (and, in certain instances, to conform to terms and practices used in the private market).  Part of the goal is to avoid confusion for beneficiaries transitioning between different types of coverage.  In general, States and health plans will be required to shorten the appeals process in favor of the enrollee. Notably, an enrollee's benefits will continue throughout the appeals process. The proposed rule adopts new definitions and establishes new timeframes, notice and recordkeeping requirements, and new rights for the enrollee to present evidence at each level of appeal. For example, MCOs and PIHPs currently are allowed 45 days in which to make a decision about an enrollee appeal; this would be shortened to 30 calendar days (as in the MA context).  An expedited appeal would be shortened from three (3) working days to 72 hours of receiving a request for expedited review (as under MA and certain commercial insurance standards).

The greatest impact is likely to be on PAHPs, which provide only limited benefits, such as dental coverage, long-term services and support (“LTSS”), and behavioral health services. PAHPs will now for the first time be subject to the grievance and appeals system standards.  For example, subjecting coverage for LTSS, which CMS acknowledges are non-medical in nature, to a lengthy appeals process could be costly to a risk-bearing PAHP that is paid on a capitated basis.

Medical Loss Ratio (Proposed 42 C.F.R. Sections 438.4, 438.5, 438.8, and 438.74)

Since the Affordable Care Act's establishment and enforcement of a new medical loss ratio minimum standard, insurers, providers, and stakeholders have been attuned to new developments regarding the MLR and its potential impact on QHPs and other markets.  According to CMS, an MLR “would be an effective mechanism to ensure that program dollars are being spent on health care services, covered benefits, and quality improvement efforts rather than on potentially unnecessary administrative activities."8   CMS believes that an MLR of 85 percent is the “appropriate minimum threshold and is the industry standard for MA and large employers in the private insurance market.”9   Thus, the agency's proposed MLR is another example of alignment towards perceived industry standards.  We previously examined the proposed MLR requirements in the first and second advisories in this series.

Calculating a MLR can serve two major purposes: (1) educating consumers who are price sensitive by providing an accurate representation of the proportion of consumers' premiums that a health plan spends on clinical services and quality improvement versus administrative costs and profits, and (2) assisting regulators in recovering rebates from health plans that have spent too little on benefits.  In Medicaid, the former has limited utility because enrollees are not paying premiums and, therefore, price is not generally important to them.  The proposed rule does not accomplish the latter goal either. First, CMS makes it clear that the MLR is not enforceable, either against the State or the health plan.  Second, receiving a rebate in many respects would be an indicator that the State set rates too high in the first place.  Calculating an MLR is a tool, but its net value in lowering the cost of Medicaid managed care may have less of an impact than in other programs.

Coordination and Continuity of Care (Proposed 42 C.F.R. Sections 438.62 and 438.208)

CMS provides that the proposed changes to the existing coordination and continuity of care provisions are intended "to align the Medicaid managed care framework with other public and private programs and improve coordination and continuity of care."10   CMS references a definition of "care coordination" from the Agency for Healthcare Research and Quality (“AHRQ”) to explain its new expectations of Medicaid managed care plans.  That definition provides that “deliberately organizing patient care activities and sharing information among all of the participants concerned with a patient’s care to achieve safer and more effective care.  This means that the patient’s needs and preferences are known ahead of time and communicated at the right time to the right people, and that this information is used to provide safe, appropriate, and effective care to the patient.”11 (emphasis added).

CMS asserts that these concepts are already embedded in both the MA program and Marketplace regulations, which seek to ensure that care is coordinated “across settings and with services delivered inside and outside the health plans.”  CMS intends to extend these care coordination requirements to community-based LTSS and PAHPs.12   However, as previously discussed, the Medicaid population differs significantly from those served in most MA plans and QHPs.  To that end, CMS requested comments on potentially extending the care coordination requirement to organizations such as protection and advocacy organizations, Legal Aid, and Area Agencies on Aging.

Additionally, CMS proposes that each managed care entity “make their best effort” to complete an initial health risk assessment on each new enrollee within 90 days of enrollment and that all providers, practitioners and suppliers share an enrollee health record.  CMS notes that the standard for an initial health assessment is already explicit in MA regulations, thereby establishing consistent standards.  The Office of the National Coordinator for Health Information Technology (ONC) has released its draft “2015 Interoperability Advisory.”   As electronic health records are not fully interoperable, “[p]roviders, payers and vendors are encouraged to take these ‘best available standards’ into account as they implement interoperable health information exchange across the continuum of care ….”14   The agency seeks comments on how it might reinforce standards in future rulemaking.

State Review and Approval of MCOs, PIHPs, and PAHPs (Proposed 42 C.F.R. Section 438.332)

This new subsection proposes the application of performance standards as a condition of MCOs, PIHPs and PAHPs entering into a Medicaid managed care contract with the State.  CMS proposes that these standards be at least as stringent as those used or recognized by CMS for purposes of accrediting MA organizations and QHPs.  To be accredited, an entity must satisfy requirements on clinical quality measures, patient experience, utilization management, quality assurance, complaints and appeals, and network adequacy and access.

Pursuant to the proposed rule, States would have two options for meeting these requirements: (1) A State could purchase the standards from a CMS-recognized accrediting organization and review and reissue approval of each managed care entity at least once every three years, or (2) a State could deem compliance based on private accreditation.  Approval of each managed care entity’s accreditation would be posted on the state’s Medicaid website for public view.

Quality Rating System (Proposed 42 C.F.R. Section 438.334)

In another new subsection, CMS proposes to require States to develop and implement a Medicaid managed care quality rating system.  CMS has already applied rating systems to MA plans and QHPs, but does not apply the same performance measures in the rating systems for the different types of plans.15   Performance measures for QHPs are aligned with the National Quality Strategy, which are grouped under three summary indicators: 1) clinical quality management; 2) member experience; and 3) plan efficiency, affordability and management.  Within these three summary indicators are eight domains.16   Each domain has its own set of performance measures, 19 clinical and 10 survey measures.

CMS provides that, “given the overall Medicaid population more closely resembles that of the Marketplace, modeling the quality rating system for Medicaid on that of the QHPs offered through the Marketplaces makes the most sense ….”17   Further, CMS seems to imply that because the overall Medicaid population more closely resembles that of the QHPs, that the existing QHP quality rating system is the more appropriate model for Medicaid managed care. CMS notes that “alignment with the rating system currently in place for the QHPs … would minimize the burden on health plans that operate in both markets and provide data for the various quality rating systems.”18  However, CMS notes that States may appropriately adopt the performance measures in the MA five-star rating system as the default for plans that serve dual eligible enrollees or individuals in need of LTSS.19

Even though CMS seems to be encouraging States to adopt a QHP-like rating system, CMS intends moving forward to develop a Medicaid managed care quality rating system through a “robust” public engagement process. CMS proposes to refine the system over a three to five year period prior to implementation in order to “further identify the respective state and federal roles in implementation and maintenance of the system.”20


While the proposed rule seeks to align Medicaid managed care with MA plans and QHPs, as well as certain practices in the private sector, clear differences among the programs will remain. For example, CMS has not standardized procedures and contracting requirements between MA plans and QHPs.  So, while the programs may move closer to each other over time, CMS has signaled that it will continue to make revisions or changes to all three systems.

The comment period on the proposed rule closed on July 27, 2015.  CMS is likely to receive a substantial number of comments that must be analyzed and addressed in a final rule. 

  1. 80 Fed. Reg. 31098 (June 1, 2015).
  2. Centers for Medicare & Medicaid Service Office of the Actuary, 2014 Actuarial Report on the Financial Outlook for Medicaid (
  3. Id. at Table 15, p. 61. The Office of the Actuary at CMS defines enrollees in millions of person-year equivalents.
  4. 2015 Annual Report of the Boards of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds (,  at 153.
  5. Id. at 156.
  6. Efforts at alignment appear throughout the proposed rule.  In our earlier advisory describing how the Medicaid managed care proposed rule expands program integrity obligations, we highlighted certain ways in which CMS is seeking to align the MA and Medicaid managed care programs though modified compliance and other program integrity requirements and standards.
  7. 80 Fed. Reg. at 31102.
  8. Id. at 31107.
  9. Id.
  10. 80 Fed. Reg. at 31139.
  11. Id. at 31140.
  12. Id. at 31140.
  13. Office of the National Coordinator for Health IT, 2015 Interoperability Standards Advisory (
  14. 80 Fed. Reg. at 31141.
  15. CMS notes, however, that "the QHP quality rating system uses a five-star scale, similar in style and format to that of the MA and Prescription Drug Plan rating system," and asserts that using such consistent style and format "would make it easier for beneficiaries, who may be transitioning among these various coverage programs to understand the quality ratings of their health  plan regardless of the payer."  80 Fed. Reg. at 31152.
  16. 80 Fed. Reg. at 31152.
  17. Id. at 31152.
  18. Id.
  19. Id.
  20. Id.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dentons | Attorney Advertising

Written by:


Dentons on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.