5th Circ. Backs HHS Policy Restricting DSH Payments

Law360, New York (December 7, 2012, 2:35 PM EST) -- The Fifth Circuit on Thursday endorsed the U.S. Department of Health and Human Services’ exclusion of some low-income patients from a formula used to calculate disproportionate share hospital payments, finding the agency’s approach squares with Congress’ intent.

In an unpublished opinion affirming a district court ruling, the judges said they were bound to side with the federal government because statutory language plainly says that so-called DSH payments aren’t warranted for patients who are eligible for both Medicare and Medicaid but who don’t qualify for Supplemental Security...
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