Supreme Court to Decide Significant Spending Clause Case

In Health and Hospital Corp. of Marion County, Indiana v. Talevski the U.S. Supreme may decide two questions. First, it may review its holding that Spending Clause legislation allows private parties to bring lawsuits for money damages under 42 U.S.C. § 1983 (Section 1983). Assuming the Court doesn’t overturn this holding it will decide whether such claims may be brought under the Federal Nursing Home Amendments Act (FNHRA) transfer and medication rules.

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SCOTUS to Decide if State Medicaid may Recover Future Medical Expense Settlements (to Pay for Past Costs)

In Gallardo v. Marstiller the U.S. Supreme Court will decide whether the federal Medicaid Act allows a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the beneficiary’s tort recovery that compensate for future medical expenses.

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SCOTUS to Decide Hospital Stay Medicare Reimbursement Case

The issue in Becerra v. Empire Health Foundation is whether for calculating the disproportionate share hospital payment, Health and Human Services (HHS) may include in the Medicare fraction all of the hospital’s patient days of individuals who qualify for Medicare Part A benefits, regardless of whether Medicare actually paid the hospital for those particular days.

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