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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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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

2151 Ovrpmnts Under the Medicare Act

Date Filed

April 30, 2018

Law Firms


Government Agencies