Regina DeSantis on Centers for Medicare & Medicaid Services (CMS)

HHS Under the Second Trump Administration

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

Department of Health and Human Services Seeks to Revise Rulemaking Policies

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

3/10/2025 / Administrative Procedure Act , Centers for Medicare & Medicaid Services (CMS) , Department of Health and Human Services (HHS) , Final Rules , Medicaid , Medicare , Regulatory Reform , Regulatory Requirements , Rulemaking Process

Chevron’s Demise—And What It Means for Healthcare and Life Sciences Companies

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

7/3/2024 / Administrative Procedure Act , Centers for Medicare & Medicaid Services (CMS) , Chevron Deference , Food and Drug Administration (FDA) , Healthcare , Life Sciences , Loper Bright Enterprises v Raimondo , SCOTUS , Statutory Interpretation

CMS Proposes Important Enhancements to the New Technology Add-on Payment Program in the FY 2025 IPPS Proposed Rulemaking

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

4/25/2024 / Centers for Medicare & Medicaid Services (CMS) , Inpatient Prospective Payment System (IPPS) , Proposed Rules , Rulemaking Process , Technology Sector

CMS Rings in the New Year with Updated Guidance on ‘In Lieu of Services and Settings’ (ILOS) in Medicaid Managed Care

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

1/10/2023 / Centers for Medicare & Medicaid Services (CMS) , Managed Care Contracts , MCOs , Medicare , Medicare Advantage , State and Local Government

Section 1983’s Private Right of Action Might Live to See Another Day: An Overview of Oral Arguments in HHC v. Talevski

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

11/17/2022 / Amicus Briefs , Centers for Medicare & Medicaid Services (CMS) , Enforcement , Federal Nursing Home Reform Act (FNHRA) , Medicaid , SCOTUS

Summary and Considerations on CMS’ RFI on ‘Access to Coverage and Care in Medicaid & CHIP’

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

4/14/2022 / Affordable Care Act , Centers for Medicare & Medicaid Services (CMS) , Children's Health Insurance Program (CHIP) , Medicaid , Medicare , Medicare Part D , Request For Information

Supreme Court Hears Arguments on 340B Outpatient Payment Cuts—and Discusses ‘Chevron Deference’

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

12/10/2021 / Centers for Medicare & Medicaid Services (CMS) , Chevron Deference , Drug Pricing , Hospitals , Medicare , Outpatient Prospective Payment System (OPPS) , Prescription Drugs , SCOTUS , Section 340B

New State Health Official Letter Extends Post-PHE Processing Timelines, Implements Redetermination Requirement

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

8/19/2021 / CARES Act , Centers for Medicare & Medicaid Services (CMS) , Coronavirus/COVID-19 , Families First Coronavirus Response Act (FFCRA) , FMAP , Medicaid , Public Health Emergency , State Health Departments

Regina DeSantis

Foley Hoag LLP

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