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Medicaid & the Law

Legal, regulatory and strategic advice regarding America's largest health insurance payer, and one of the most complicated and least understood areas of healthcare law.

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Medina v. Planned Parenthood South Atlantic: Oral Arguments Focus on Statutory ‘Magic Words’
Blog April 09, 2025
On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider” provision, which allows Medicaid beneficiaries to seek care from any qualified provider…
CMS Issues Rule Implementing Medicaid Redetermination Policies
Blog December 11, 2023
We’ve written recently about the process that states are undertaking to begin to wind down the Medicaid enrollment expansion that was necessitated by the enactment of the Families First Coronavirus Response Act in March of 2020. Readers of our blog may recall that…
President Biden Takes First Step Towards Reversing Trump Era Medicaid Policies
Blog January 29, 2021
On January 28th, President Biden issued an “Executive Order on Strengthening Medicaid and the Affordable Care Act.” The E.O. states that the Biden Administration will promote policies that “protect and strengthen Medicaid and the ACA and … make high-quality healthcare accessible and affordable for every American.” To this end, the E.O. makes several important policy changes, including asking the HHS Secretary to establish a Special Enrollment Period for the ACA marketplace…
CMS Releases the New Medicaid Managed Care Final Rule
Blog November 13, 2020
On November 9, 2020, the Centers for Medicare and Medicaid Services (CMS) announced it finalized the Medicaid and Children's Health Insurance Program (CHIP) Managed Care final rule (“2020 final rule”). According to CMS, the 2020 final rule advances CMS's efforts to streamline the Medicaid and CHIP managed care regulatory framework and “reflects a broader strategy to relieve regulatory burdens; support state flexibility and local leadership; and promote transparency, flexibility, and…
States Can Now Keep Enhanced COVID-19 Match, Make Coverage and Benefit Changes
Blog October 30, 2020
Back in March, Tom gave you, our readers, an overview of the Administrations and Congress initial response to the COVID-19 pandemic, including the inclusion in the second Congressional package (the Families First Coronavirus Response Act) of a substantial bump to each state Medicaid program's federal medical assistance percentage (FMAP) during the period of the current national emergency to the extent they abide by certain minimum standards…
CMS Issues Guidance on FMAP Increase During COVID-19 Outbreak
Blog March 26, 2020
As my colleague Tom Barker wrote last week, the second emergency COVID-19 supplemental bill (officially referred to as the Families First Coronavirus Response Act), signed by the President on March 18, 2020, included a new section 6008 increasing each state Medicaid programs federal medical assistance percentage (FMAP) by 6.2% during the period of the current national emergency to the extent they abide by certain minimum standards…
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Blog Editors

About Our Blog

Foley Hoag has a unique team of healthcare lawyers and specialists with decades of experience in statutory and regulatory analysis, compliance, government investigations, litigation and corporate transactions. Most of our lawyers and healthcare policy specialists have had a direct hand in shaping virtually every healthcare law and regulation enacted over the past four decades, including:

  • The Patient Protection and Affordable Care Act of 2010
  • The Medicare Modernization Act of 2003
  • The Food and Drug Administration Modernization Act of 1997
  • The Balanced Budget Act of 1997
  • The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
  • Budget reconciliation laws of the 1980s

Medicaid is also, by far, the largest health insurance payer in the United States and has even surpassed Medicare in terms of the number of enrollees. Medicaid is a crucial component in America’s health care system.


Our focus includes:

  • Medicaid coverage and reimbursement issues for innovative pharmaceutical products
  • Legal, regulatory and strategic advice for Medicaid mental health providers and payers
  • Medicaid waivers
  • State coverage of the Medicaid expansion population
  • State-specific Medicaid issues
  • Medicaid financing
  • Medicaid and long-term care

Blog Editors