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High Court Wary Of Skipped HHS Rulemaking On Hospital Pay

Law360 (January 15, 2019, 10:07 PM EST) -- U.S. Supreme Court justices on Tuesday appeared skeptical of the U.S. Department of Health and Human Services’ refusal to conduct notice-and-comment rulemaking when outlining a Medicare reimbursement policy that affects billions of dollars in hospital payments.

At oral arguments, several justices peppered a government attorney with questions about HHS’ refusal, while asking comparably little of an attorney for hospitals that have challenged the procedural shortcut. At issue is a process that regulators used to set so-called disproportionate share hospital payments, or DSH payments, which help hospitals that treat relatively large amounts of uninsured patients. The hospitals say that notice-and-comment helps them...

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Court

Supreme Court

Nature of Suit

2151 Ovrpmnts Under the Medicare Act

Date Filed

April 30, 2018

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