DC Circ. Mulls Adequacy of HHS Medicare Rule Change Notice

Law360, Washington (February 7, 2014, 3:25 PM EST) -- A D.C. Circuit panel on Friday questioned whether the U.S. Department of Health and Human Services adequately warned hospitals that it planned to change how it calculated some Medicare hospital payments, with one judge saying hospitals would have to be "clairvoyant" to understand the agency's intentions.

Although HHS maintained its modifications to the so-called disproportionate share hospital adjustment ratio were simply a clarification of the agency's policy rather than full-blown changes, Judge Laurence H. Silberman criticized the department's confusing rulemaking proposal and inaccurate economic impact claims...
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