News & Analysis as of August 7, 2025

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Medicaid is a partnership program between states and the federal government to provide healthcare coverage for lower income individuals, people with disabilities, older people, and certain families with... more +

First Circuit Imposes Higher “But-for” Causation Standard for False Claims Act Liability Based on Alleged Anti-Kickback Statute...

Perkins Coie on 4/15/2025

On February 18, 2025, the U.S. Court of Appeals for the First Circuit added its voice to a growing chorus of appellate courts to elevate the standard of proof required to show a violation of the federal False Claims Act in...more

Supremes Greenlight Florida State’s Medicaid Lien on Settlement Proceeds for Future Medical Expenses

Rumberger | Kirk on 9/9/2022

On June 6, 2022, the U.S. Supreme Court issued its ruling in Gallardo vs. Marstiller. In an opinion drafted by Justice Clarence Thomas, the Court held that the federal Medicaid Act, specifically §1396k(a)(1)(A), permits a...more

US Supreme Court Validates Medicaid State Agency’s Right to Wipe Out Tort Recoveries from Medicaid Beneficiaries

Cozen O'Connor on 7/6/2022

The Supreme Court delivered a huge blow to tort victims in a recent decision that will effectively eliminate the tort victim’s settlement/award by expanding the ability of states to recoup health care costs from accident...more

Supreme Court Expands States' Ability to Recoup Future Medicaid Costs from Tort Recoveries

Holland & Knight LLP on 6/17/2022

The U.S. Supreme Court interpreted the Medicaid Act on June 6, 2022, to permit state Medicaid programs to recover costs for future medical care that has not yet been provided and may never be provided from Medicaid...more

Florida Medicaid Liens After Wos

Carlton Fields on 7/3/2013

The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more

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