K&L Gates Triage: The Impact of Allina — Potential Limitation on CMS's Ability to Recoup Overpayments

In this week’s episode, Adam Cooper discusses the Supreme Court’s decision in Azar v. Allina Health Services, as well as a related memorandum issued in late 2019 by the Centers for Medicare and Medicaid Services (“CMS”) that addresses the ways in which the Allina decision augmented notice and comment rulemaking requirements with respect to certain types of regulatory guidance issued by CMS. In particular, Mr. Cooper discusses the ways in which the Allina decision and the CMS memorandum may limit CMS’ ability to cite certain regulatory guidance as a basis for enforcement actions. Presenters: Adam Cooper

About Triage
Triage: Rapid Legal Lessons for Busy Health Care Professionals is a podcast created by the K&L Gates health care practice group to inform our clients and friends of the firm about the latest developments in health law. The K&L Gates Health Care practice will regularly create Triage podcasts to help you learn about the latest developments in health law. Our lawyers will identify the most important changes and analyze the impact of these changes on our clients. If you have feedback or would like to suggest a topic for a future episode, please contact us.