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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Supreme Court won’t hear states’ case on clawback

The Supreme Court refused yesterday to block part of the six-month-old Medicare prescription-drug program — a defeat for states, including Kentucky, that claim they may get stuck with the bill.

Kentucky and four other states filed suit in March to challenge the constitutionality of the new drug coverage, which took effect Jan. 1. Kentucky Attorney General Greg Stumbo said then that Kentucky stands to lose $18.5 million over five years if the drug program isn’t changed.

The justices declined without comment to temporarily halt the drug benefit from Medicare, the federal health-insurance program for the elderly and disabled. States were contesting a requirement that they pay the federal government for some expenses.

Read the rest of this story in the Louisville Courier Journal.

Read the order here.

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