News & Analysis as of

Low-Income Issues Supreme Court of the United States

Fisher Phillips

SCOTUS Saves E-Rate Program, Preserving Tech Funding for Schools Across the Country

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In a major victory for public institutions and the tech companies that support them, the U.S. Supreme Court just preserved the federal funding lifeline that underpins internet access and telecommunications connectivity in...more

Lerman Senter PLLC

Supreme Court Upholds Federal Universal Service Fund Contribution Framework

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The U.S. Supreme Court has upheld the Federal Communications Commission’s universal service fund (USF) framework....more

Baker Botts L.L.P.

High Court To Review Legality Of FCC's Subsidy Fees

Baker Botts L.L.P. on

For decades, there has been broad, bipartisan support for the Universal Service Fund and the FCC programs that help communications reach low-income households and the most rural and least-connected communities in the United...more

Sands Anderson PC

Public-Camping Ordinances Survive SCOTUS Challenge, Providing Certainty to Local Governments Policing Illegal Camping

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Public-camping ordinances across Virginia and the United States dodged a constitutional bullet that would have prohibited criminal penalties for violations those laws if the defendant did not have adequate access to shelter. ...more

Tucker Arensberg, P.C.

U.S. Supreme Court Weighs In: Are Ordinances Used to Prohibit Homeless Encampments in Public Areas Unconstitutional?

In response to a class action suit by homeless people challenging several anti-camping ordinances in the city of Grant Pass, OR, the U.S. Supreme Court explored the contours of the Eighth Amendment (“8A”) of the U.S....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides City of Grants Pass v. Johnson

On June 28, 2024, the Supreme Court of the United States decided City of Grants Pass, Oregon v. Johnson, No. 23-175, holding that the Cruel and Unusual Punishments Clause of the Eighth Amendment of the United States...more

Health Care Compliance Association (HCCA)

Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act

While the pandemic put many things on hold, it did not do the same for the False Claims Act (FCA). To find out what is happening in FCA activity we spoke with Patrick Hooper, Jordan Kearney and Alicia Macklin, partners at the...more

Constangy, Brooks, Smith & Prophete, LLP

Farewell To The 2019 Public Charge Rule And Form I-944!

For the last year, the fate of the Public Charge Rule, which expanded the ability of the U.S. Citizenship and Immigration Services to deny green cards to lower-income foreign nationals, has been uncertain. In addition to the...more

K&L Gates LLP

K&L Gates Triage: The Impact of Allina — Potential Limitation on CMS’s Ability to Recoup Overpayments

K&L Gates LLP on

In this week’s episode, Adam Cooper discusses the Supreme Court’s decision in Azar v. Allina Health Services, as well as a related memorandum issued in late 2019 by the Centers for Medicare and Medicaid Services (“CMS”) that...more

Morgan Lewis - Health Law Scan

HHS Analyzes Legal Impact of Allina on Agency Enforcement

The US Department of Health and Human Services (HHS) Office of General Counsel (OGC) offered the healthcare industry the benefit of its legal analysis of the recent US Supreme Court opinion in Azar v. Allina Health Services...more

Polsinelli

CMS Outlines New Standard for Challenging Medicare Payment Denials, Echoing Brand Memo on Force of Sub-Regulatory Guidance

Polsinelli on

On October 31, 2019, the Office of General Counsel for the U.S. Department of Health and Human Services (HHS) issued an important memo from Kelly M. Cleary, CMS Chief Legal Officer, and Brenna E. Jenny, Deputy General...more

Polsinelli

Azar v. Allina Health Services: Hospitals Claim (Procedural) Victory in DSH Dispute

Polsinelli on

On June 3, 2019, the Supreme Court issued an eagerly anticipated opinion in Azar v. Allina Health Services, a decision with far-reaching implications both for the calculation of disproportionate share payments and provider...more

Brownstein Hyatt Farber Schreck

Medicare Rulemaking After Azar v. Allina Health Services

The Medicare Program, established in 1965, initially seemed simple: provide health care for senior citizens by paying hospitals and doctors directly for the care the seniors required. Initially, there were two parts to...more

Davis Wright Tremaine LLP

Supreme Court Overturns Disproportionate Share Hospital Payment Policy and Limits CMS Use of Subregulatory Guidance

On June 3, 2019, the U.S. Supreme Court issued its decision in Azar v. Allina Health Services, et al., Case No. 17-1484. The Court ruled in favor of a group of hospitals in a dispute over Medicare disproportionate share...more

Arnall Golden Gregory LLP

Supreme Court Rules in Favor of Hospitals in HHS DSH Payment Dispute

On June 3, 2019, the Supreme Court of the United States (SCOTUS) issued an opinion in Azar v. Allina Health Services whereby it ruled that the United States Department of Health and Human Services (HHS) violated the Medicare...more

McGuireWoods Consulting

Supreme Court Rules HHS Cannot Take Short-Cuts in Rulemaking

In a 7-to-1 decision, the U.S. Supreme Court on June 3, 2019, held that “Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that...more

Hogan Lovells

U.S. Supreme Court ruling expands scope of Medicare notice-and-comment requirement

Hogan Lovells on

On 3 June 2019 the U.S. Supreme Court held in Azar v. Allina Health Services that Medicare interpretive guidance must go through notice-and-comment if it establishes or changes a substantive legal standard governing payment,...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS Rejects CMS DSH Policy, Calls CMS Guidance Practices Into Question

Earlier this week, the Supreme Court upheld a D.C. Circuit Court decision vacating a policy of the Centers for Medicare and Medicaid Services (“CMS”) that would have “dramatically – and retroactively – reduced payments to...more

Verrill

U.S. Supreme Court Sides with Hospitals in Allina DSH Part C Days Decision

Verrill on

On June 3, 2019, the U.S. Supreme Court (“Court”) issued a 7-1 decision in Azar v. Allina Health Services, favoring hospitals that had sued the U.S. Department of Health and Human Services (“HHS”) over a Medicare payment...more

Robinson+Cole Health Law Diagnosis

Supreme Court Rejects HHS Proposal that Could Have Significantly Lowered Certain Medicare DSH Payments to Hospitals

In a 7-1 decision released June 3, 2019, the U.S. Supreme Court vacated a proposal of the U.S. Department of Health and Human Services (HHS) that would have had the effect of significantly reducing Disproportionate Share...more

Epstein Becker & Green

Supreme Court Expands the Scope of Public Participation in Medicare Policymaking

On June 3, 2019, the U.S. Supreme Court ruled in Azar v. Allina Health Services that the Medicare statute requires the Centers for Medicare & Medicaid Services (“CMS”) to engage in public notice-and-comment rulemaking...more

Mintz - Health Care Viewpoints

Supreme Court Decides Important Case on When CMS Must Use Formal Rulemaking when Instructing Medicare Contractors

On June 3, 2019, the U.S. Supreme Court issued a decision in Azar v. Allina Health Services. The case involved a challenge by hospitals over whether the Department of Health and Human Services (“HHS”) was required to proceed...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Azar v. Allina Health Services

On June 3, 2019, the Supreme Court decided Azar v. Allina Health Services, No. 17–1484, holding that the Department of Health and Human Services failed to follow required notice-and-comment procedures when it decided to count...more

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