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Covington has long counseled state and local governments on the statutes, regulations, and federal policies affecting the administration of federally-funded benefit programs. Over the last thirty 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 most notably in Medicaid, but also in the areas of
- Child Support Enforcement
- Child Welfare/Foster Care
- Cost Allocation
- Food Stamps
- State Children’s Health Insurance Program
- Temporary Assistance to Needy Families
We draw from that rich experience in advising States how to structure and implement their programs in compliance with federal requirements and in helping them to secure approval of state plan amendments or waiver programs. We regularly represent our clients in administrative proceedings, including before the Health & Human Services Departmental Appeals Board, in challenging state plan disapprovals, disallowances, penalties, or provider decertifications. We also defend state and local governments in legal challenges to the operation of their programs. We keep our state clients apprised of legislative and regulatory developments, work with their congressional delegations, and submit comments on proposed federal regulations on their behalf. A number of our clients are consultants who work with state agencies to maximize federal reimbursement. The scope of our work extends to constitutional questions of federalism and sovereign immunity, as well as issues arising under the Americans with Disabilities Act and other civil rights laws.
Representative Matters
- We represented five States that were facing a total of more than $1 billion in Medicaid disallowances when the Centers for Medicare & Medicaid Services (CMS) concluded that certain state taxes violated Medicaid funding rules. The HHS Departmental Appeals Board rejected CMS’s position and reversed the disallowances.
- We represented eleven States that were incurring repeated penalties for errors in their Adoption and Foster Care Analysis and Reporting System (AFCARS) submissions. After a Departmental Appeals Board Presiding Officer found that the AFCARS penalty scheme was not authorized by statute, HHS withdrew the penalties.
- We assisted California in developing and securing federal approval for a demonstration project that covered financing of hospital and other services for Medicaid and other needy patients, which preserved a multi-billion flow of federal funds to the State.
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