ICD10monitor September 25, 2024
Knicole C. Emanuel Esq.

Healthcare providers participating in the Medicare and Medicaid programs face an intricate web of regulations and enforcement actions.

Disputes with state officials over payment practices, reimbursement rates, or compliance with federal laws can sometimes lead to financial hardship or even threaten the survival of a practice. Fortunately, providers may be able to use the Ex parte Young exception to challenge state actions that may violate federal law. This legal doctrine can be a powerful tool for providers to seek relief in federal court without running afoul of state sovereign immunity. And this exception is underused.

For example, healthcare providers that feel that a state Medicaid program is violating federal standards for reimbursement cannot directly sue the state for damages. However,...

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