The Broad Reach Of Medicare Act's Preemption Provision

By Jeffrey Bushofsky, Laura Hoey, Jennifer Walker and Samuel Perrone (November 28, 2017, 11:19 AM EST) -- Civil actions alleging state-law claims premised on violations of Medicare's rules may turn on specific procedures outlined in the Medicare Act — which contains an express preemption provision — and its implementing regulations. The doctrine of preemption can be invoked to contend that federal law displaces state or local laws that encroach on areas governed by federal laws and regulations.[1] Preemption may be express when Congress has stated its intent to supersede state or local laws or, instead, implied from the nature of the federal laws and regulations at issue.[2] Accordingly, when defending claims involving Medicare, it is important to consider...

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