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Medicaid › Due Process

Medicaid is a partnership program between states and the federal government to provide healthcare coverage for lower income individuals, people with disabilities, older people, and certain families with... more +
Medicaid is a partnership program between states and the federal government to provide healthcare coverage for lower income individuals, people with disabilities, older people, and certain families with children.  less -
Littler

DOJ Files a Statement of Interest in a Federal Lawsuit Against the NY Department of Health and Court Issues a Preliminary...

Littler on

As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two independent living centers...more

Littler

NY Federal Court Issues TRO Against the NY Department of Health

Littler on

As previously reported, in April 2024, New York’s Social Services Law was amended to include a substantial change to the state’s Consumer Directed Personal Assistance Program (CDPA Program), a Medicaid-funded program allowing...more

Stotler Hayes Group, LLC

Holding State Medicaid Agencies Accountable: A Federal Court Issues Ruling on Deficiencies and Discrimination in TennCare

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“Poor, disabled, and otherwise disadvantaged Tennesseans should not require luck, perseverance, or zealous lawyering to receive healthcare benefits they are entitled to under the law.” - Waverly D. Crenshaw, Jr., United...more

Jones Day

Eighth Circuit Holds Penalties in Non-Intervened FCA Case Violate Excessive Fines Clause

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The Situation: The False Claims Act ("FCA") imposes treble damages on defendants, as well as mandatory penalties per false claim. Because alleged false claims often involve much smaller amounts—for example, in cases with a...more

Flaster Greenberg PC

Once A Caregiver Child, Always A Caregiver Child

Flaster Greenberg PC on

In general, one cannot give away her assets and go on Medicaid within the next five years. If an individual who gives away assets (donor) applies for Medicaid within the sixty month period following the date of the last...more

Flaster Greenberg PC

Can A Computer Deny My Medicaid Application?

Flaster Greenberg PC on

In the information age, computer programs are increasingly relied upon to streamline and facilitate important decisions. A number of states require online applications for Medicaid. In New Jersey and other states, Medicaid...more

Williams Mullen

Legislative Efforts to Improve Due Process for the Medicaid Audit Appeal Process

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Responding to concerns raised by members of its Health Law Section, the Virginia Bar Association pursued budget language during the 2017 legislative session to address due process concerns with the manner in which the...more

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