New Mexico Health Connections filed a lawsuit challenging the CMS issuance of an emergency regulation for the ACA risk adjustment program for 2017. At the same time, Health Connections also filed an immediate motion for a summary judgment asking the court to take expedited action to strike down the emergency rule. This is because CMS violated the federal Administrative Procedure Act and the US Constitution by rushing out a regulation that imposes millions of dollars of penalties upon Health Connections without following a legal requirement to receive public comments and input first. In the past two years, three courts around the country have struck down other CMS regulations for similarly denying the public’s right to notice and comment on proposed rules.
Aug 2018