The U.S. Court of Appeals for the Second Circuit, in a first-of-its-kind decision Tuesday, opened the door for health care organizations to sue in federal court over government rule-making that could violate the Medicaid Act.

A unanimous three-judge panel of the Manhattan-based appeals court found that the Medicare Act’s procedural provisions, which funnel most, if not all, challenges to U.S. Health and Human Services Department rules through a special administrative review system, do not apply to claims arising independently under the Medicaid Act.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]