Monthly Archives: April 2018

An Unlikely Tale of the Evolution of Medicaid DSH

We have posted over the past several months about some interesting Medicaid litigation across the country involving Medicaid disproportionate share (DSH) payments.  In this post, we try to explain a bit more about disproportionate share payments, how the payments work, and how the program has evolved over the past three and a half decades. As we discuss – this evolution has often been circuitous,… More

Home Health and Personal Care Services in Medicaid: Addressing Compliance Risks

One of the major concerns that policymakers deal with constantly in federal health care programs like Medicare and Medicaid is the risk of program fraud and abuse.  And although there are a plethora of statutes designed to address these concerns – the False Claims Act, the Anti-Kickback Statute and the Civil Monetary Penalties statute, to name a few – Congress, CMS and law enforcement are always on the lookout for ways to nip fraudulent activities in the bud. … More

What the Trump Administration’s New Executive Order on Work Requirements Means for Medicaid

In the midst of a busy day on Capitol Hill yesterday, President Trump signed a long-anticipated Executive Order (EO) entitled, “Reducing Poverty in America by Promoting Opportunity and Economic Mobility.” Notably, the EO directs various Federal agencies (including the Department of Health and Human Services) to review existing guidelines on publish assistance programs to ensure they are in line with the President’s outlined “Principles of Economic Mobility.”… More

Viewing CMS’ Proposed Rule On the Equal Access Requirement Through A Legal Lens

Our readers may remember our discussion of the ongoing saga surrounding enforcement of the entitlement to Medicaid.  We have covered it several times before (here and here) on this blog.  Aside from discussing the topic because it allows us to flex our legal muscle with italicized case names, we also believe it’s critical for our readers to understand how Medicaid entitlement has evolved over time. … More