Texas Regulatory Update: Reporting on News and Issues for Texas Regulated Entities

 

2018 Statewide Elections: A Mixed Bag for Insurers?

All eyes have been focused on the federal mid-term elections and the impact on the U.S. House and Senate. Post-mortems by the pundits have begun. See Locke Lord’s take on the mid-terms. The divided government in Washington, D.C. may well stymie efforts to regulate the insurance industry at the federal level, except in very limited circumstances where bi-partisan accord can be achieved.

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INSIGHT: Health-Care Providers Are Pushing Back on Medicare Clawbacks

Kent Hofmann, a Commercial Litigation Partner in Locke Lord’s Austin office, authored an article for Bloomberg Law’s Health Law & Business section detailing a series of recent opinions and orders where Medicare providers have succeeded in obtaining injunctive relief to prevent recoupment of their Medicare revenues while prosecuting appeals of overpayment demands by the Centers for Medicare & Medicaid Services.

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Record Levels of Open Records Activity in Texas—Are Legislative Changes on the Horizon?

Texas Attorney General Ken Paxton announced in a press release today that the Open Records Division of the Office of the Attorney General (OAG) handled a record number of Texas Public Information Act (TPIA) requests and issued an all-time high number of rulings during state fiscal year 2018.

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Recent Opinion Reinforces Difficulty—and Importance—of Ensuring Correct Deadlines Are Followed in Administrative Proceedings

A recent opinion from the Third Court of Appeals in Austin highlights the importance of double-checking deadlines to ensure all administrative remedies are exhausted before filing a lawsuit for judicial review of a state agency ruling.  Otherwise, judicial review is jurisdictionally barred.

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