Federal-State Programs
Related Practices
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Covington has long counseled state governments and other clients on the statutes, regulations, and federal policies affecting the administration of federally-funded benefit programs. Over the last forty years, we have represented every State in the nation, either individually or in coalitions, and currently represent a majority of the States. With many years of experience in the field, Covington has a deep knowledge and understanding of federally-funded benefit programs, including:
- Medicaid and Children’s Health Insurance Program
- Health Benefit Exchanges
- Title IV-A Temporary Assistance to Needy Families, Title IV-D Child Support Enforcement, and Title IV-E Foster Care
- Cost Allocation
- Ryan White HIV/AIDS grants
- Supplemental Nutrition Assistance Program
Our experience in this area runs the gamut from highly technical requirements in the Code of Federal Regulations and subregulatory guidance to broad constitutional questions, and involves:
- Appealing disallowances of federal funds to the Departmental Appeals Board (DAB).
- Responding to federal audits, particularly by the Office of Inspector General (OIG) or the Centers for Medicare & Medicaid Services (CMS).
- Negotiating the special terms and conditions for Section 1115 demonstration projects, including for integrated long-term supports and services.
- Advising on maximizing federal reimbursement using provider taxes, certified public expenditures (CPE), upper payment limit (UPL) payments, and the disproportionate share hospital (DSH) program.
- Helping secure approval of State Plan Amendments and appealing disapprovals.
- Defending States in Medicaid rate litigation.
- Advising on implications of the Affordable Care Act, and coordination between Medicaid and the Exchange.
- Advising and litigating on issues related to application of the Americans with Disabilities Act and the Supreme Court’s Olmstead decision.
- Advising and litigating regarding Eleventh Amendment immunity and other federalism issues.
- Working with congressional delegations on statutory changes to federal-state programs.
Representative Matters
- Represented the Commonwealth of Puerto Rico in an appeal to the First Circuit to overturn a district court decision involving Medicaid wraparound payments to federally qualified health centers.
- Represented the Louisiana Department of Health and Hospitals in two cases involving Olmstead challenges to the State’s home and community-based services (HCBS).
- Represented the Connecticut Department of Social Services in district court and the Second Circuit in a Medicaid rate challenge.
- Secured reversal of more than $1 billion in Medicaid disallowances involving provider taxes against five States in an appeal to the HHS Departmental Appeals Board.
- Helped negotiate the terms and conditions in Section 1115 demonstration projects in a number of States across the country.
- Testified to legislative committees in several States regarding implementation of the Affordable Care Act and coordination between Medicaid and the Exchanges.
Publications
We provide a subscription-only advisory service to keep clients apprised of important legislative, regulatory, and litigation developments. If you are interested in subscribing or to learn more about the fees for the service, please contact one of the attorneys listed under “Contacts.”
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