Tag Archives: HHS


by Bernard Bell — Tuesday, June 5, 2018

Sometimes the ship of state can be turned abruptly, but sometimes it can’t.  Even though agencies possess great budgetary flexibility, and reallocation of appropriated funds is generally an unreviewable exercise of discretion, see Lincoln v. Vigil, 508 U.S. 182 (1993), a new administration encounter constraints in discontinuing the funding of multiple-year grants made by a […]

Two Misplaced Objections to the Risk Corridor Lawsuits

by Nicholas Bagley — Friday, June 10, 2016

By my count, health plans have filed five separate lawsuits in the Court of Federal Claims seeking money that they’re owed under the risk corridor program. As I’ve explained here and here, I think the lawsuits have merit, which is why I expect to see a lot more of them. If you’re a health plan, […]

The Healthy, Hunger Free Kids Act: Another Cautionary Tale, by Lynn White

by Guest Blogger — Friday, Sept. 18, 2015

First Lady Michelle Obama made healthy school lunches a signature part of her “Let’s Move” initiative to promote health and wellness and combat obesity among America’s youth. The First Lady and Administration championed the passage of the Healthy, Hunger Free Kids Act, which created several new Federal mandates for school lunch programs, including requiring schools […]

Fixing the Risk Corridor Program

by Nicholas Bagley — Sunday, Oct. 5, 2014

Last week, the Government Accountability Office released a letter that sets up a potential congressional battle over the future of the risk corridor program. Contrary to how it’s been covered in the press, however, the letter is good news for HHS. It also suggests that the administration has been quite canny in its approach to […]