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- October 27, 2020
The Congressional Review Act: Frequently Asked Questions
Read moreThe CRA requires executive branch agencies to report their rulemaking activities to Congress and creates a process for Congress to overturn these federal rules. Until 2017, the CRA had been used only once to strike down a federal regulation. Following the 2016 elections, however, a Republican controlled Congress, under…
- October 19, 2020
What Public Charge Means for Reproductive Justice
Read moreUpdate: As of March 9, 2021, the Trump-era public charge regulations are no longer in effect. The Biden administration published a final rule on March 15, 2021 formally removing the Trump-era public charge rule and restoring the long-standing 1999 Field Guidance as the standing public charge policy. The administration has significant work…
- October 13, 2020
NHeLP response to HHS Request for Information on Guidance Documents
Read moreHHS posted an undated Request for Information (RFI) on its website asking for input on which guidance documents should undergo notice and comment. In this response, NHeLP object to HHSposting the RFI while a formal rulemaking on the same issue is pending. See NHeLP Comments on HHS Proposed Rule…
- October 13, 2020
Fact Sheet EPSDT Litigation Trends & Docket
Read moreThis Fact Sheet summarizes the Medicaid Act’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit. It then highlights enforcement trends and provides a docket giving citation and annotation to published federal and state court cases. While occasionally mentioning procedural rulings, such as decisions on motions to dismiss or…
- October 7, 2020
NHeLP Comments on Oklahoma Section 1115 Institutions for Mental Disease (IMD) Waiver for Serious Mental Illness/Substance Use Disorder
Read moreNHeLP urges the Secretary not to approve the requested waiver because 1) Oklahoma asks the Secretary to waive provisions of the Medicaid Act the Secretary does not have the authority to waive; 2) Oklahoma has not proposed a genuine experiment or novel approach; 3) Oklahoma’s proposal risks diverting funds…
- October 7, 2020
NHeLP Comments on MassHealth SMI-SED Supplemental Application Waiver
Read moreIn comments to the Department of Health and Human Services, the National Health Law Program urges HHS to reject Massachusetts' proposed request to waiver to obtain federal finanical participation for services provided in Institutions for Mental Diseases (IMD). HHS should reject Massachusett's application because Massachusetts did not provide adequate…
