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STATES WITH ADMINISTRATION-ALIGNED POLICIES POISED TO BENEFIT WHEN RURAL HEALTH TRANSFORMATION PROGRAM GRANTS ARE AWARDED

CMS is scheduled to award grants to states under the Rural Health Transformation Program on or before December 31, 2025. Although the award of half of the funds was specified by Congress, Congress provided CMS with significant discretion over the remainder – discretion that CMS is using to reward states whose current or future policies […]

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NY ISSUES NEW RULES GOVERNING THE CLOSURE OF HEALTHCARE FACILITIES

The New York State Department of Health has issued new rules governing the temporary or permanent closures of healthcare facilities. The new rules updated and clarified previous rules governing facility closures. Under the new rules, healthcare facilities may not close, discontinue services or reduce beds without prior approval of the facility’s Closure Plan. Temporary closures

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SETTLEMENT CLAIMS ADMINISTRATOR UPDATES CLAIMS INFORMATION ON THE BCBS PROVIDER ANTITRUST SETTLEMENT WEBSITE

The Settlement Claims Administrator for the BCBS Provider Antitrust Settlement has updated the claims website with the following information: “The claim submission deadline for the Blue Cross Blue Shield Provider Settlement passed on July 29, 2025.  The Settlement Administrator is no longer accepting new claims or changes to existing claims absent a showing of good

SETTLEMENT CLAIMS ADMINISTRATOR UPDATES CLAIMS INFORMATION ON THE BCBS PROVIDER ANTITRUST SETTLEMENT WEBSITE Read More »

AL RURAL HOSPITAL INVESTMENT PROGRAM PROVIDES TAX CREDITS FOR DONATIONS TO RURAL HOSPITALS

The Alabama Hospital Investment Program provides a dollar-for-dollar tax credit against state income and other taxes for individuals and businesses that donate to eligible rural hospitals in Alabama. The Program was established by statute and is available for the tax years from 2026 – 2028. It is intended to help eligible rural hospitals receive additional

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COURT ISSUES ORDER ESTABLISHING MONITORING COMMITTEE FOR THE BLUE CROSS BLUE SHIELD PROVIDER SETTLEMENT

On September 23, 2025, Judge R. David Proctor entered an order establishing the Monitoring Committee for the Blue Cross Blue Shield Provider Settlement.  The Committee will be comprised of:  Whatley Kallas partner, W. Tucker Brown, and Healthcare Association of New York State (formerly “Hospital Association of New York State”) Special Counsel for Managed Care and

COURT ISSUES ORDER ESTABLISHING MONITORING COMMITTEE FOR THE BLUE CROSS BLUE SHIELD PROVIDER SETTLEMENT Read More »

AHA OPPOSES IMPLEMENTATION OF PROPOSED 340B REBATE MODEL PILOT PROGRAM

In a strongly worded letter to the Health Resources and Services Administration (“HRSA”), the American Hospital Association has asked HRSA to abandon the proposed 340B Rebate Model Pilot Program (“the Pilot Program”), or to delay its implementation until issues with the costs of compliance with it could be fixed. The 340B Drug Pricing Program allows

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PROVIDER BLUE CROSS ANTITRUST SETTLEMENT BECOMES EFFECTIVE

Whatley Kallas is pleased to announce that the $2.8 Billion Blue Cross Blue Shield Antitrust Settlement, the largest payment in a healthcare antitrust case, has become effective. The Settlement also contains injunctive relief that plaintiffs’ experts value in excess of $17.3 billion. There were no appeals from the Court’s final approval of the Settlement. Whatley

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COURT GRANTS FINAL APPROVAL OF BLUE CROSS BLUE SHIELD PROVIDER SETTLEMENT

The court overseeing the Blue Cross Blue Shield Antitrust Litigation has granted final approval of the Provider Plaintiffs’ settlement, which provides $2.8 billion in monetary relief and at least $17.3 billion in injunctive relief to healthcare providers.  A copy of the Final Approval Order can be found here, and on Whatley Kallas’s settlement website at

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COURT UPHOLDS HHS SECRETARY’S DESCRETION TO DENY PHARMECEUTICAL MANUFACTURER THE UNILATERAL RIGHT TO IMPLEMENT A REBATE PROGRAM FOR 340B DRUGS

A United States District Court judge for the District of Columbia has granted summary judgment to the government, finding that the Secretary of the Department of Health and Human Services had the discretion to reject Johnson & Johnson’s program to offer rebates instead of discounts to 340B covered entities. In reaching his conclusion, Judge Rudolph

COURT UPHOLDS HHS SECRETARY’S DESCRETION TO DENY PHARMECEUTICAL MANUFACTURER THE UNILATERAL RIGHT TO IMPLEMENT A REBATE PROGRAM FOR 340B DRUGS Read More »

ALABAMA DISTRICT COURT FINDS THAT ALABAMA’S LEGISLATURE VIOLATED THE VOTING RIGHTS ACT AND FOURTEENTH AMENDMENT

Following an eleven-day trial, a three-judge panel of the United States District Court for the Northern District of Alabama held that the Alabama Legislature violated the Voting Rights Act and the Equal Protection Clause of the Fourteenth Amendment when it intentionally drew Congressional districts that would prevent Black voters from electing the candidates of their

ALABAMA DISTRICT COURT FINDS THAT ALABAMA’S LEGISLATURE VIOLATED THE VOTING RIGHTS ACT AND FOURTEENTH AMENDMENT Read More »

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