Tenn. Hosp. Ass'n v. Price

4 Analyses of this case by attorneys

  1. CMS is Dealt Yet Another Blow in First Circuit Medicaid DSH Case

    Foley Hoag LLPKristyn Bunce DeFilippApril 17, 2018

    All of these decisions found that the FAQs were procedurally incorrect under the APA:New Hampshire Hosp. Ass’n v. Azar, 2018 U.S. App. LEXIS 8565 (1st Apr. 4, 2018).Texas Children’s Hosp. v. Burwell, 76 F. Supp. 3d 224 (D.D.C. 2014) (granting preliminary injunction prohibiting the enforcement of FAQ 33)New Hampshire Hosp. Ass’n v. Burwell, No. 15-cv-460, 2017 U.S. Dist. LEXIS 29549, 2017 WL 822094 (D.N.H. Mar. 2, 2017) (permanently enjoining defendants from enforcing FAQs 33 and 34)Children’s Hosp. of the King’s Daughters, Inc. v. Price, 258 F. Supp. 3d 672 (E.D. Va. 2017) (granting preliminary injunction prohibiting the enforcement of FAQ 33 against plaintiff)Tennessee Hosp. Ass’n v. Price, No. 16-cv-3263, 2017 U.S. Dist. LEXIS 96601, 2017 WL 2703540 (M.D. Tenn. June 21, 2017) (granting plaintiffs’ summary judgment and enjoining defendants from applying FAQ 33 to plaintiffs’ hospitals)Children’s Health Care v. Centers for Medicare & Medicaid Servs., No. 16-cv-4064, 2017 U.S. Dist. LEXIS 173544, 2017 WL 3668758 (D. Minn. June 26, 2017)(permanently enjoining defendants from enforcing FAQ 33)Missouri Hosp. Ass’n. v. Hargan, No. 17-cv-4052, 2018 U.S. Dist. LEXIS 22024, 2018 WL 814589 (W.D. Mo. Feb. 9, 2018) (permanently enjoining enforcement of the final rule)You might be thinking that CMS simply has to jump through the appropriate procedural hoops to formalize the rule set forth in the FAQs, right? Not so fast. Last year, after receiving several of the above adverse decisions, and in the midst of ongoing litigation over the FAQs, CMS did issue a final rule implementing its DSH cap policy.But that rule is not without criticism and legal challenge.

  2. CMS Digging In on Medicaid DSH Payments

    Baker & Hostetler LLPSusan Feigin HarrisSeptember 5, 2017

    The court’s decision was converted to a final judgment in favor of the hospital, issued August 24, 2017. A final judgment was entered June 21, 2017 in the Tennessee Hosp. Ass’n v. Price case, No. 16-cv-3263; 2017 WL 2703540 (M.D. Tenn. June 21, 2017) which challenged both FAQs. The court granted summary judgment in favor of plaintiffs on their APA claim, holding that the policy violated the APA by conflicting with the Medicaid Act and the 2008 rule.

  3. CMS Digging In on Medicaid DSH Payments

    Baker & Hostetler LLPSusan Feigin HarrisAugust 31, 2017

    The court’s decision was converted to a final judgment in favor of the hospital, issued August 24, 2017. A final judgment was entered June 21, 2017 in the Tennessee Hosp. Ass’n v. Price case, No. 16-cv-3263; 2017 WL 2703540 (M.D. Tenn. June 21, 2017) which challenged both FAQs. The court granted summary judgment in favor of plaintiffs on their APA claim, holding that the policy violated the APA by conflicting with the Medicaid Act and the 2008 rule.

  4. Health Law Update - August 24, 2017

    Baker & Hostetler LLPThomas S. CampanellaAugust 29, 2017

    The court’s decision was converted to a final judgment in favor of the hospital, issued August 24, 2017. A final judgment was entered June 21, 2017 in the Tennessee Hosp. Ass’n v. Price case, No. 16-cv-3263; 2017 WL 2703540 (M.D. Tenn. June 21, 2017) which challenged both FAQs. The court granted summary judgment in favor of plaintiffs on their APA claim, holding that the policy violated the APA by conflicting with the Medicaid Act and the 2008 rule.