In a Bloomberg Law article, health care partner Brett Friedman discussed the push by the Centers for Medicare & Medicaid Services for some states to more closely regulate their provider taxes, which states assess to hospitals, nursing homes and other health care facilities to pay the states’ share of the Medicaid funding. The states of Florida and Texas have sued CMS over this issue.
Brett explained that both sides have a credible position due to inherent uncertainty regarding the extent to which a state Medicaid agency is complicit in post hoc hold harmless agreements.
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