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As of December 30, 2018, CMS has withdrawn its policy on the inclusion of third party payments in calculating the disproportionate share hospital (DSH) limit.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...
Dec 27, 2018 | 340B, Litigation, News and Updates
On December 27, 2018, the United States District Court for the District of Columbia granted plaintiff hospitals’ motion to permanently enjoin HHS’ nearly 30% cut to certain 340B drugs. The Court held that in implementing its Medicare Part B rate reduction, the Agency...
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...
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...
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...
Mar 2, 2018 | DSH, Litigation, News and Updates
On March 2, 2018, DC District Judge Emmet Sullivan ruled in favor of hospital plaintiffs and vacated a final rule promulgated by CMS requiring the inclusion of Medicare and commercial payments in the calculation of the Medicaid disproportionate share hospital (DSH)...
