B&P represents public agencies and private entities in litigation and regulatory matters relating to federally funded health and benefit programs, including Medicaid, Medicare, the Affordable Care Act, Title IV-E Foster Care and Adoption Assistance, other Title IV programs (TANF, Child Support Enforcement), the Supplemental Nutrition Assistance Program, and federal block grants.  

Our lawyers leverage their deep knowledge of the operation of these health and benefit programs to develop workable solutions for our clients, even under the most challenging circumstances.  B&P also brings a collegial approach to its work.  We are zealous advocates for our clients, but we do not waste their time or money on needless disputes with opposing counsel.

Advisory Work

B&P’s lawyers regularly counsel clients on application of complex statutory and regulatory provisions to a range of issues, including (for example): Medicaid upper payment limits (UPL), disproportionate share hospital (DSH) payments, health care-related taxes and donations, certified public expenditures (CPE), Medicaid managed care, home and community-based services, risk adjustment programs,  and Title IV-E claiming for state child welfare systems.

B&P has extensive experience assisting States in negotiations with federal agencies, including with respect to Section 1115 demonstrations, Section 1915 waivers, and Medicaid state plan amendments.

Federal, State and Administrative Litigation

B&P’s lawyers represent clients in a range of litigation relating to Medicaid, foster care, and food security programs, including:

  • Representing clients in Administrative Procedure Act litigation challenging federal agency decisions.
  • Defending state agencies in class action suits brought on behalf of Medicaid beneficiaries or foster care children.
  • Assisting state agencies in complying with, modifying, and exiting from settlements and consent orders.
  • Defending state agencies against claims brought under the Americans with Disabilities Act, including “Olmstead” actions.
  • Defending state agencies in rate challenges brought by providers.
  • Representing state agencies in challenges to federal disallowances of program funding, both before the HHS Departmental Appeals Board and in federal court.
  • Representing state agencies in challenging the denial of Medicaid state plan amendments.
  • Representing state agencies in appeals of penalties under the Supplemental Nutrition Assistance Program.