K&L Gates Triage: The Impact of Allina — Potential Limitation on CMS’s Ability to Recoup Overpayments

<p>In this week’s episode, Adam Cooper discusses the Supreme Court’s decision in Azar v. Allina Health Services, as well as a related memorandum issued in late 2019 by the Centers for Medicare and Medicaid Services (“CMS”) that addresses the ways in which the <em>Allina</em> decision augmented notice and comment rulemaking requirements with respect to certain types of regulatory guidance issued by CMS. In particular, Mr. Cooper discusses the ways in which the <em>Allina</em> decision and the CMS memorandum may limit CMS’ ability to cite certain regulatory guidance as a basis for enforcement actions.</p> <p><strong>Presenters</strong>: Adam Cooper</p> <p><a href= "http://www.klgates.com/files/FileControl/16788ec6-e1f1-45ac-9df8-278f748c02ce/7483b893-e478-44a4-8fed-f49aa917d8cf/Presentation/File/Triage%20-%20Cooper%202.26.20.pdf" target="_blank" rel="noopener">Download Presentation Materials</a></p>