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MACPAC Provides Recommendations on DSH “Medicaid Shortfall” Calculation

Jun 20, 2019 | DSH, News and Updates

In its June 2019 report to Congress on Medicaid and CHIP, the Medicaid and CHIP Payment and Access Commission (MACPAC) recommended that Congress modify the Medicaid shortfall portion of the disproportionate share hospital (DSH) limit calculation to exclude costs and...

MACPAC Releases Recommendations on Medicaid DSH Cuts

Mar 18, 2019 | DSH, Medicaid, News and Updates

On March 18, 2019, MACPAC published its recommendations for restructuring the Medicaid disproportionate share hospital (DSH) program. In its March 2019 Report to Congress, MACPAC outlined three recommendations for minimizing the impact of DSH cuts on safety net...

CMS Withdraws FAQs 33 & 34 Amidst Ongoing DSH Litigation

Dec 30, 2018 | DSH, Litigation, News and Updates

As of December 30, 2018, CMS has withdrawn its policy on the inclusion of third party payments in calculating the disproportionate share hospital (DSH) limit. FAQs 33 & 34 require that states include commercial and Medicare payments, respectively, in their DSH...

6th Circuit Affirms District Court Ruling On Medicaid DSH FAQs While Upholding Underlying Policy

Nov 14, 2018 | DSH, Litigation, Medicaid, News and Updates

On November 14, 2018, in a 2-1 decision, the 6th Circuit affirmed a summary judgment ruling that CMS Medicaid DSH third party payer FAQs are procedurally invalid, while holding that CMS has the statutory authority to require the inclusion of Medicare and commercial...

Supreme Court Agrees to Hear $4B Medicare DSH Case

Sep 27, 2018 | DSH, Litigation, Medicare, News and Updates

On September 27, 2018, the Supreme Court granted certiorari in Azar v. Allina Health Services, et al. The Court will hear arguments on whether HHS was required to go through notice and comment before implementing a rule that altered the Medicare reimbursement formula...

CMS Files Appeal to 8th Circuit on Final Rule in DSH Lawsuit

Apr 10, 2018 | DSH, Litigation, News and Updates

On April 10, 2018, CMS filed a notice of appeal to the 8th Circuit in the litigation of Missouri Hospital Association v. Price. This will be the first appellate court to hear arguments on the April 2017 Final Rule. It follows a First Circuit ruling earlier this month...
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