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Potential Supreme Court Decision Could Close Avenue for Medicaid Providers’ Legal Challenges to State Rate Cuts

December 3, 2010 Richard Meyer

Over the past two decades, healthcare providers that serve Medicaid-eligible patients have seen the payments they receive for those services from their states’ Medicaid programs become increasingly inadequate to cover the actual cost of care.  Medicaid providers have responded with different legal tactics to challenge Medicaid rate cuts over the years, but their most recent strategy has been preemption actions under the Supremacy Clause—a strategy that may soon become the subject of a Supreme Court opinion.  In the November issue of AHLA Connections, the monthly magazine of the American Health Lawyers Association, David Dirr, Mathew Klein, and Richard Meyer of Dressman Benzinger LaVelle discuss recent provider preemption actions challenging Medicaid rate reductions and the potential implications if the United States Supreme Court decides to address the viability of such actions.  The entire article is available at the AHLA website.

The American Health Lawyers Association is the nation’s largest, nonpartisan, 501(c)(3) educational organization devoted to legal issues in the healthcare field.  Its monthly magazine, AHLA Connections, is distributed to more than 10,000 members.  To learn more about the AHLA, visit www.healthlawyers.org.

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