On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider”...more
4/10/2025
/ Appeals ,
Constitutional Challenges ,
Executive Orders ,
Federal Nursing Home Reform Act (FNHRA) ,
Healthcare Reform ,
Medicaid ,
Planned Parenthood ,
Private Right of Action ,
Reproductive Healthcare Issues ,
SCOTUS ,
Statutory Interpretation ,
Talevski vs. Health and Hospital Corporation of Marion County
On February 11, 2025, President Trump signed Executive Order (E.O.) 14210, Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative, which instructed the newly formed Department of...more
4/2/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Healthcare ,
Healthcare Reform ,
Loper Bright Enterprises v Raimondo ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration
On Friday, February 28, 2025, the Department of Health and Human Services (HHS) issued a policy statement announcing changes to rulemaking processes for agencies within HHS. According to the statement, HHS is rescinding a...more
Health providers and consumers increasingly rely on the internet for health and medical-related information, but not all such information is reliable, and many statements are downright false. The proliferation of social media...more
7/15/2024
/ Draft Guidance ,
Enforcement ,
False Statements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Internet ,
Medical Devices ,
Pharmaceutical Industry ,
PHSA ,
Policy Statement ,
Prescription Drugs ,
Regulatory Reform
Since 1984, the “Chevron doctrine” had served as the bedrock of many regulatory actions by the U.S. Department of Health and Human Services (HHS) and other federal agencies. Under the doctrine, courts followed a two-step...more
On April 30, 2024, the Associated Press (AP) reported the Drug Enforcement Administration (DEA) will propose a rule to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA). More...more
5/14/2024
/ Administrative Procedure Act ,
Biden Administration ,
Cannabis Products ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Final Rules ,
Food and Drug Administration (FDA) ,
IRS ,
Judicial Review ,
Marijuana ,
Medical Marijuana ,
Notice and Comment ,
NPRM ,
OMB ,
Popular ,
Regulatory Reform ,
Schedule I Drugs
On April 10, 2024, the Centers for Medicare & Medicaid Services (CMS) published the fiscal year (FY) 2025 Medicare Hospital Inpatient Prospective Payment Systems (IPPS) Proposed Rule, an annual rulemaking that broadly...more
Another aspiring cannabis license applicant has filed a lawsuit against the Maryland Cannabis Administration (MCA) and is seeking an injunction that could further delay the issuance of new adult-use cannabis licenses in...more
We have an update about the recent lawsuit challenging the constitutionality of the Maryland Cannabis Administration’s (MCA’s) Social Equity Program.
To recap, on January 26, 2024, a California-based attorney filed suit...more
3/1/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Constitutional Challenges ,
Dismissals ,
Legislative Agendas ,
Licenses ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Maryland ,
Preliminary Injunctions ,
Social Equity Programs ,
State and Local Government
According to a Complaint filed on January 26, 2024, in the United States District Court for the District of Maryland, Maryland's adult-use cannabis licensing program, which is currently limited to applicants who qualified for...more
2/28/2024
/ Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Commercial Litigation ,
Dormant Commerce Clause ,
Licenses ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Maryland ,
Social Equity Programs ,
State and Local Government
Maryland Releases Cannabis License Application Details and Instructions-
On October 13, the Maryland Cannabis Administration (MCA) released some much-anticipated details regarding the upcoming cannabis licensing round. The...more
10/18/2023
/ Agribusiness ,
Applications ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Maryland ,
Regulatory Agenda ,
Social Equity Programs ,
State and Local Government
As readers of this blog are well aware, the uncertainty surrounding the legality and enforceability of Massachusetts’ “Community Impact Fees,” most recently addressed by An Act Relative to Equity in the Cannabis Industry...more
On Friday, September 8, the Maryland Cannabis Administration (MCA) Office of Social Equity released additional information for its upcoming initial licensing round, including the social equity verification portal, application...more
9/14/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Maryland ,
New Legislation ,
Proposed Legislation ,
Social Equity Programs ,
State and Local Government
The Maryland Cannabis Administration (MCA) and the Office of Social Equity (OSE) have released the eligibility criteria to be considered a social equity applicant for the upcoming Fall 2023 Cannabis License Application Period...more
9/5/2023
/ Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Maryland ,
State and Local Government ,
State Legislatures
Maryland House Bill 556 (cross-filed with Maryland Senate Bill 516), introduced on February 3, 2023, contains essential provisions for any person or entity interested in participating in the cannabis industry in Maryland....more
4/10/2023
/ Agribusiness ,
Business Licenses ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Dispensaries ,
Legislative Agendas ,
Marijuana ,
Marijuana Related Businesses ,
Proposed Legislation ,
Social Equity Programs ,
State and Local Government ,
State Legislatures
Maryland House Bill 556 (cross-filed with Maryland Senate Bill 516), introduced on February 3, 2023, contains essential provisions for any person or entity interested in participating in the cannabis industry in Maryland....more
3/15/2023
/ Agribusiness ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Clinical Laboratory Testing ,
Legislative Agendas ,
Licenses ,
Marijuana ,
Marijuana Related Businesses ,
Maryland ,
Medical Marijuana ,
New Legislation ,
Proposed Legislation ,
Regulatory Authority ,
Social Equity Programs ,
State and Local Government ,
Testing Requirements
Welcome back! We hope everyone had a great start to 2023. A new year provides an opportunity to look back on previous successes and identify areas for growth (this said, we certainly don’t expect everyone to make—let alone...more
On the morning of November 8, while many Americans were still casting their votes and getting ready for Election Night parties, the Supreme Court heard oral arguments for Health & Hospital Corporation of Marion County v....more
The 340B program requires drug manufacturers to offer outpatient pharmaceuticals to statutorily defined covered entities (including certain hospitals and certain federal grantees, such as federally qualified health centers)...more
Medicare and Medicaid programs themselves are not old enough to qualify for Medicare coverage (quick history lesson: President Lyndon Johnson signed the Social Security Amendments into law on July 30, 1965, and the Medicaid...more
Over the summer, my colleague Tom Barker discussed how the Supreme Court was planning to hear several health care cases during the October 2021 term. Last week, the Court heard oral arguments for two noted cases: during...more
We’ve previously discussed the numerous flexibilities CMS offered state Medicaid programs to respond to local outbreaks and address health concerns associated with the COVID-19 public health emergency (PHE).
Back in...more