Judge Preserves Supremacy Clause Attack On Medicaid Cuts

Law360, New York (September 28, 2012, 5:00 PM EDT) -- A New Hampshire federal judge Thursday preserved hospitals' allegations that the state's Medicaid reimbursement reductions are prohibited under the U.S. Constitution's supremacy clause and called on the U.S. Department of Health and Human Services to help resolve the dispute.

U.S. District Judge Steven J. McAuliffe noted that state officials have criticized the lawsuit as an end-run around a ban on private enforcement of the Medicaid Act, but he concluded it's no such thing, seeking not to create Medicaid-compliant rates but rather to invalidate rates that are...
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