Medicare Law Supports Pared DSH Payments, DC Circ. Hears

Law360, Washington (April 15, 2013, 4:51 PM EDT) -- The U.S. Department of Health and Human Services urged a D.C. Circuit panel on Monday to let it exclude some low-income patients from the formula it uses to calculate disproportionate share hospital payments, claiming the Medicare law supports the policy.

According to the agency, the Medicare statute allows HHS to exclude from the payments patients who are eligible for both Medicare and Medicaid and who have exhausted their Medicare Part A benefits, contrary to a Washington court's decision in January 2012. The so-called DSH payment adjustments...
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