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Former White House Counsel C. Boyden Gray Authors an Opinion Letter to the Galen Institute on the Legality of HHS’s Use of Funds to Pay Re-Insurance Eligible Issuers Instead of Treasury Under the ACA

In a letter to the Galen Institute, former White House Counsel C. Boyden Gray addresses HHS’s claimed authority to divert billions owed to the United States Treasury to eligible insurance issuers under the Affordable Care Act’s Transitional Reinsurance Program. HHS initially announced that it would distribute funds collected under the program to Treasury and issuers on a pro rata basis….

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CMS Pulls Unlawful Medicare Part D Rule

In response to a tidal wave of public opposition, HHS’s Centers for Medicare & Medicaid Services informed Congress on Monday that the agency is shelving its proposal to participate in Medicare Part D prescription drug price negotiations. As Boyden Gray explained in a February 26 letter, the proposed rule would have violated the noninterference provision of the Medicare Modernization Act of 2003….

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BG&A Builds Legal Case Against HHS Interference in Drug Pricing Negotiations

On February 24, Boyden Gray & Associates released an opinion letter explaining why the U.S. Department of Health and Human Service’s recent reinterpretation of Medicare Part D’s noninterference provision is unlawful and unsustainable. This letter was cited in the testimony of Douglas Holtz-Eakin, president of the American Action Forum, in a February 26 hearing before the House Energy & Commerce Committee.

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