National Media Covers HSE and Brian M. Feldman’s Successful Challenge in Second Circuit Court of Appeals

HSE and Brian M. Feldman, partner and chair of the firm’s Government and Internal Investigations practice group, were recently featured in numerous media outlets, including the New York Law Journal, Bloomberg Law, Reuters, Law360, and Law Street Media regarding a precedent-setting ruling by the United States Court of Appeals for the Second Circuit. In the decision, the court ruled that a group of long-term care facilities in New York State can proceed in federal district court to challenge a final administrative rule from the U.S. Department of Health and Human Services (HHS) that the plaintiffs believe directly violates the federal Medicaid Act.

As quoted in Law360 and Reuters, Feldman stated “This is a significant victory for health care organizations,” he continued, “This precedent-setting decision opens the door for health care organizations to protect themselves, with pre-enforcement lawsuits, from rulemaking that violates Medicaid Act provisions.” 

In addition, Feldman, who argued the plaintiff’s appeal before the Second Circuit, said in the New York Law Journal, “We are pleased with the Second Circuit’s fidelity to the text of the Medicaid Act and look forward to getting to the merits of this case.”

To view the articles on each media outlet, click below:

Attorney Advertising. Prior results do not guarantee a similar outcome. This publication is provided as a service to clients and friends of Harter Secrest & Emery LLP. It is intended for general information purposes only and should not be considered as legal advice. The contents are neither an exhaustive discussion nor do they purport to cover all developments in the area. The reader should consult with legal counsel to determine how applicable laws relate to specific situations. ©2021 Harter Secrest & Emery LLP