Law Center staff attorney Ben will be participating in a panel, “Medicaid Update: After Armstrong what can States do to protect access to care and assure adequate reimbursement rates?” at the American Society of Medical Association Counsel annual meeting in June.
In December 2014, Mr. Geffen and pro bono attorneys from Boies, Schiller & Flexner LLP filed an amicus brief on behalf of the American Medical Association and other professional associations in Richard Armstrong, et al., v. Exceptional Child Center, Inc., et al.
Our amicus brief supported the Ninth Circuit’s holding that providers can sue under the Supremacy Clause. Our brief also urged the Supreme Court not to disturb precedents that have made possible different forms of private enforcement of the Medicaid Act.
However, in a 5-4 decision, the Supreme Court held that individual health care providers cannot sue states under the Medicaid Act to challenge how states set reimbursement rates in their Medicaid programs.
On June 8, 2015, Mr. Geffen will discuss other options for states to ensure that Medicaid rates are reasonable and guarantee access to healthcare.