6th Circ. Upholds HHS Disproportionate Share Payment Rule

Law360, New York (March 27, 2013, 5:10 PM EDT) -- The Sixth Circuit on Wednesday backed a U.S. Department of Health and Human Services regulation giving extra Medicare payments to hospitals which serve a disproportionate share of poor patients, despite a Michigan hospital's claims the agency's implementation of the rule had unfairly stiffed it on payments.

In a 2-1 published decision, the circuit court panel overturned the ruling of U.S. District Judge Paul L. Maloney that HHS had wrongly interpreted the statute underlying its so-called disproportionate share rule when calculating extra payments due for patients eligible...
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