American Health Law Association Publishes Akin Gump Article on Retroactive Rulemaking Under Medicare
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The American Health Law Association’s Connections magazine has published the article “Going Retro: Retroactive Rulemaking Under the Medicare Statute and When is a Rule Really Retroactive,” written by Akin Gump litigation senior counsel Caroline Wolverton and health care and life sciences practice head John Jacob.
The article examines a Medicare statute related to the authorization for retroactive rulemaking. The authors examine the statute’s language and legislative history as well as how the Centers for Medicare and Medicaid Services (CMS) “has applied this statutory authority, and how it has been interpreted by the courts.”
Wolverton and Jacob also consider “the principle that a rule’s impact on prior facts is not always retroactive in effect” and whether a Notice of Proposed Rulemaking that CMS issued in August 2020 “is correct in stating that a retroactive rule is necessary to calculate the [disproportionate share hospital] payments outstanding” after the Supreme Court’s 2019 Allina decision.
To read the article in its entirety, please click here.
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