June 27, 2022
  • The Supreme Court on Friday ruled that HHS lawfully calculated disproportionate share (DSH) payments to safety-net hospitals. In a 5-4 decision, the majority concluded that Medicare’s system of paying safety-net providers is lawful, which upholds a 2004 regulation that decreased the amount of additional Medicare payments hospitals get for serving a larger share of poor patients. The ruling didn’t directly address the so-called Chevron doctrine, which says federal agencies like Medicare have some leeway to interpret ambiguous laws, and courts should defer to them. (Articles here and here)