AHA Comments on Proposed Retroactive Rulemaking on Medicare DSH Policy

The AHA continues to oppose the Centers for Medicare & Medicaid Services’ policy to include Medicare Advantage patient days when calculating the Medicare fraction of a hospital’s disproportionate patient percentage for the Medicare Disproportionate Share Hospital program, and objects to the agency’s Aug. 4 proposal to apply the policy retroactively. The agency specifically proposes to make the policy retroactive to discharges before Oct. 1, 2013, despite a 2019 Supreme Court ruling that CMS must vacate the policy prior to that date. AHA urges CMS to exclude Medicare Advantage patient days from the Medicare fraction.

Read the full letter for AHA’s detailed comments on the rule.