Uncertainty On Hospital Disproportionate Share Pay Eligibility

Law360 (August 20, 2019, 4:36 PM EDT) -- Hundreds of hospitals may have had their hopes of receiving additional reimbursement from Medicaid dashed as a result of a recent decision of the U.S. Court of Appeals for the District of Columbia Circuit.[1] But, at least for now, hospitals can enjoy some optimism with respect to additional Medicare reimbursement as the result of the U.S. Supreme Court's affirmance of another decision of the D.C. Circuit, Azar v. Allina Health Services.[2]

The uncertainty involves when and how a hospital can qualify to receive disproportionate share hospital, or DSH, payments when it provides services to low-income patients. Under current circumstances, hospitals can...

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