B&P represents public agencies and private entities in litigation and regulatory matters relating to federally funded health and benefit programs, including Medicaid, Medicare, and the Affordable Care Act, Title IV (TANF, Child Support Enforcement, Foster Care and Adoption Assistance), and food security (SNAP and WIC).

Our lawyers are able to leverage their deep knowledge of the operation of these health and benefit programs to develop creative solutions for our clients most vexing challenges. 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), Medicare and Medicaid disproportionate share hospital (DSH) payments, certified public expenditures (CPE), graduate medical education (GME), Medicaid managed care, home and community-based services, coverage and reimbursement for dual eligible, provider taxes, the Essential Health Benefits requirements, risk adjustment programs, and state regulation of telemedicine.

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, Medicare, the Affordable Care Act, Title IV programs, and food security programs, including:

  • Representing clients in Administrative Procedure Act litigation challenging federal agency decisions.
  • Defending state agencies in suits brought by beneficiaries, including assisting state agencies in complying with, managing and updating preexisting settlements and consent orders.
  • 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.