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 whether they may be preempted. A recent decision from a federal district court in the Northern District of Illinois,[3] highlights the reach of Medicare preemption....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!