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Maxwell-Jolly: Supreme Court Considers Whether Supremacy Clause Can be Used to Challenge State Medicaid Rate Cuts

The Supreme Court has just heard oral argument in a case that raises the issue of whether Medicaid providers and recipients can challenge state decisions to cut Medicaid rates. The court’s decision could have repercussions far beyond Medicaid rate-setting, as plaintiffs unhappy with any state decision begin searching for a federal statute that conflicts with, and therefore “preempts,” what the state has done.

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M. Daria Niewenhous is a Mintz Member with a well-established health care practice. National and local providers rely on Daria’s experience to navigate capital projects, mergers & acquisitions, integration, and other strategic initiatives; adverse events; and licensing, contracting, patient care/risk management, and other complex legal matters.