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Medicaid & the Law

Legal, regulatory and strategic advice regarding America's largest health insurance payer, and one of the most complicated and least understood areas of healthcare law.

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Expanded Protections for Reproductive Health and Gender-Affirming Care: What Massachusetts Providers Need to Know
Blog September 04, 2025
On August 7, 2025, Massachusetts Governor Maura Healey signed into law an Act Strengthening Healthcare Protections in the Commonwealth (the “Act”), which amends the state’s existing “Shield Law” protections for providers of reproductive health and gender-affirming care (“Protected Care”)…
Medina v. Planned Parenthood South Atlantic: Oral Arguments Focus on Statutory ‘Magic Words’
Blog April 09, 2025
On April 2, 2025, the U.S. Supreme Court heard oral arguments in Medina v. Planned Parenthood South Atlantic. At issue in Medina is § 1902(a)(23) of the Social Security Act (the Act),1 or the “free-choice-of-provider” provision, which allows Medicaid beneficiaries to seek care from any qualified provider…
An Impoundment By Any Other Name
Blog January 29, 2025
A Monday night memorandum issued by the Office of Management and Budget (“OMB”) ordered federal agencies to “temporarily pause” all federal funding and other agency activities that “may be implicated by” the slew of executive orders Trump issued last week…
Gang of Six Introduces Historic 340B “Discussion Draft” Legislation
Blog February 07, 2024
On February 2, 2024, the “gang of six”—a bipartisan group of six senators who have traditionally championed reforms to the 340B program —introduced a discussion draft of a bill that would modify the program that provides safety net providers with access to low-cost medications from participating manufacturers. The 340B statute has not been modified since 2010…
CMS Issues Rule Implementing Medicaid Redetermination Policies
Blog December 11, 2023
We’ve written recently about the process that states are undertaking to begin to wind down the Medicaid enrollment expansion that was necessitated by the enactment of the Families First Coronavirus Response Act in March of 2020. Readers of our blog may recall that…
State Medicaid Redeterminations Following the End of the COVID-19 Era Continuous Enrollment Requirement
Blog September 18, 2023
At the onset of the COVID pandemic in March of 2020, Congress made an important policy decision: continued access to health coverage was crucial, especially because, at the time, it was uncertain how the economy would respond to the shutdowns that public health officials felt were necessitated by the pandemic…
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Blog Editors

About Our Blog

Foley Hoag has a unique team of healthcare lawyers and specialists with decades of experience in statutory and regulatory analysis, compliance, government investigations, litigation and corporate transactions. Most of our lawyers and healthcare policy specialists have had a direct hand in shaping virtually every healthcare law and regulation enacted over the past four decades, including:

  • The Patient Protection and Affordable Care Act of 2010
  • The Medicare Modernization Act of 2003
  • The Food and Drug Administration Modernization Act of 1997
  • The Balanced Budget Act of 1997
  • The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
  • Budget reconciliation laws of the 1980s

Medicaid is also, by far, the largest health insurance payer in the United States and has even surpassed Medicare in terms of the number of enrollees. Medicaid is a crucial component in America’s health care system.


Our focus includes:

  • Medicaid coverage and reimbursement issues for innovative pharmaceutical products
  • Legal, regulatory and strategic advice for Medicaid mental health providers and payers
  • Medicaid waivers
  • State coverage of the Medicaid expansion population
  • State-specific Medicaid issues
  • Medicaid financing
  • Medicaid and long-term care

Blog Editors