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Attorneys React To High Court's HHS Rulemaking Decision

Law360 (June 3, 2019, 7:04 PM EDT) -- The U.S. Supreme Court on Monday rejected efforts by the U.S. Department of Health and Human Services to avoid seeking public comment on a multibillion-dollar Medicare policy — a ruling that could reverberate across HHS’ vast agenda of policymaking.

The decision directly applied to a process for calculating so-called disproportionate share hospital, or DSH, payments — which assist hospitals that treat relatively large numbers of low-income patients. But the ruling may also require more public input in other areas.

Here, attorneys discuss how the decision in Azar v. Allina Health Services could affect the department and the Centers for Medicare &...

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