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March 7, 2023
National Health Law Program Comments on HHS’s Proposed Changes to Health Care Refusal Regulations
Madeline Morcelle, Charly Gilfoil, Cat Duffy, and Héctor Hernández-Delgado Comments
The National Health Law Program submitted comments on the Department of Health and Human Services's (HHS) Notice of Proposed Rulemaking to implement federal health care refusal laws, called "Safeguarding the Rights of Conscience as Protected by Federal Statutes.” Our comments thank HHS for proposing to rescind the most harmful…
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March 7, 2023
Maldanado (formerly N.B.) v. District of Columbia, D.C. District Court, D.C. Circuit
Litigation Team Cases
Plaintiffs filed this class action case on behalf of Medicaid beneficiaries in the District of Columbia whose requests for outpatient prescription drugs are denied by pharmacy providers without written notice or opportunity to be heard. Plaintiffs claim that the failure to provide individualized written notice violates the Due Process…
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February 19, 2023
Protecting People with Disabilities and People with Limited English Proficiency during the Unwinding of the Continuous Coverage Provision
Elizabeth Edwards and Mara Youdelman Issue Brief, Fact Sheet
State planning for the unwinding of the Medicaid continuous coverage provision needs to include evaluation of a state's processes, policies, and systems for disability and language access. Failing to plan and monitor for disability and language access is the very type of disregard the non-discrimination protections were intended to…
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February 16, 2023
[Webinar] Unwinding the Medicaid Continuous Coverage Requirements and Red Flags
Elizabeth Edwards, Sarah Grusin, and Miriam Delaney Heard Webinar
This webinar gives advocates red flags to watch for as states begin their unwinding period for the Medicaid continuous coverage provision. We will review the minimum requirements for redeterminations and the different methods CMS is allowing states to use during the unwinding. We will also discuss predicted problem areas…
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February 15, 2023
Delegation of Rulemaking Authority in Light of the “Major Questions Doctrine”
Jane Perkins and Erica Turret* Court Document, Issue Brief, Fact Sheet
In West Virginia v. EPA, the Supreme Court addressed a “particular and recurring problem: agencies asserting highly consequential power beyond what Congress could reasonably be understood to have granted.” By a 6-3 majority, the Court held that, when a “major question” is involved, the decision on how to regulate…
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February 6, 2023
10 Issues for Advocates to Monitor During the Medicaid Continuous Coverage Unwinding
Miriam Delaney Heard Fact Sheet
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National Health Law Program Comments on HHS’s Proposed Changes to Health Care Refusal Regulations

Maldanado (formerly N.B.) v. District of Columbia, D.C. District Court, D.C. Circuit

Protecting People with Disabilities and People with Limited English Proficiency during the Unwinding of the Continuous Coverage Provision

[Webinar] Unwinding the Medicaid Continuous Coverage Requirements and Red Flags

Delegation of Rulemaking Authority in Light of the “Major Questions Doctrine”

10 Issues for Advocates to Monitor During the Medicaid Continuous Coverage Unwinding