Supreme Court Says Agencies, Not Courts, Should Set Medicaid Rates

The Supreme Court ruled Tuesday (March 31) that providers can't sue states over Medicaid rates, in part because HHS handles rate setting and the law on rate setting is too broad for federal courts to take up. Justice Stephen Breyer, however, laid out a potential path for providers to challenge HHS for not enforcing requirements of adequate Medicaid rates in a partially concurring opinion, though some attorneys said it will be difficult for providers to prove. “What jumps out of...