Medicare Rebuts Hospitals' DSH Objections In 3rd Circ.

Law360, New York (September 06, 2013, 8:23 PM ET) -- Medicare on Friday urged the Third Circuit to overturn a district court order requiring it to count charity care patients when calculating disproportionate share payments hospitals get for treating low-income individuals, saying Congress clearly didn’t require that such patients be included.

In an opening brief, the U.S. Department of Health and Human Services said its determination of DSH payments reasonably excluded individuals covered by Pennsylvania’s General Assistance program while nonetheless including people enrolled in a Medicaid pilot project.

The statutory language describing how HHS calculates the...
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