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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”)…
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…
Renewed Focus on Medicaid Home and Community-Based Services
Blog May 26, 2021
Due to the COVID-19 pandemic, most people have spent considerably more time at home over the past year. For many, this meant long hours of Netflix binging, crossword puzzles, and the occasional zoom happy hour. But for some of the most vulnerable Americans, stay at home orders and social distancing have caused significant interruptions in access to health care services, including preventative doctor visits, medication management and nutritional services…
New House of Representatives COVID Relief Bill Contains Multiple Medicaid Provisions
Blog February 26, 2021
Here at the Medicaid and the Law Blog, we've spent the past couple of days going through the American Rescue Plan Act, legislation introduced in the U.S. House of Representatives last Friday that is the latest attempt by Congress to respond to the COVID-19 pandemic.  There are several provisions of the legislation that would revise and expand the Medicaid program, and we thought it would be of interest to highlight them here…
Coverage of Routine Clinical Trial Costs Under the Medicaid Program
Blog January 15, 2021
Right before the new year, we told you about some of the Medicaid-related provisions of the COVID relief package that was recently signed into law by President Trump.  One provision of that law that we thought merited a separate article was a new requirement that state Medicaid plans cover the routine patient costs of items and services furnished in connection with the participation by a Medicaid beneficiary in a routine clinical trial…
Medicaid Provisions in COVID-19 Relief Package
Blog December 29, 2020
Here at the Medicaid and the Law Blog, we spent part of our holiday break reading through the most recent COVID-19 relief package that was finally signed into law by President Trump amid a not-insignificant amount of drama.  It was quite an undertaking; the new law is over 5,000 double-spaced pages.  While much of the legislation is related specifically or more generally to COVID-19 and economic recovery…
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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