Legal

CHA’s legal department advocates vigorously before the courts on behalf of California hospitals, both as a party in litigation and as amicus curiae in important appellate cases. In addition, the CHA legal department prepares legal memoranda and manuals to help hospitals understand and comply with state and federal laws. The CHA legal department also supports CHA staff in their advocacy efforts before the state legislature and regulatory agencies.

CHA Files Lawsuit Challenging 2009 Medi-Cal Rate Reductions

CHA filed a lawsuit Nov. 24 against the Department of Health Care Services (DHCS) challenging provisions enacted in budget trailer bill ABX4 5, which purports to perpetually freeze reimbursement rates to hospitals for distinct-part skilled-nursing and subacute services to the rates in effect for the 2008-09 rate year.

FTC Enforcement of Red Flag Rule Delayed Again

In response to requests from Members of Congress, the Federal Trade Commission once again delayed enforcement of the ‘red flag’ rule until June 1, 2010. The FTC announced the delay on October 30, 2009, one day before the rule was to have taken effect.

FTC Enforcement of Red Flag Rule to Begin November 1, 2009

After several delays over the last year, the Federal Trade Commission will begin enforcement of the ‘red flag’ rule on November 1, 2009.

Ninth Circuit Denies Rehearing of Medi-Cal Lawsuit

On August 24, 2009, the U.S. Court of Appeals for the Ninth Circuit denied the state’s request for rehearing en banc of the April 6 order stopping rate reductions to hospitals for certain Medi-Cal services (see April 10 CHA News).