The U.S. District Court for the District of Columbia this week voided a Centers for Medicare & Medicaid Services rule regarding how third-party payments, such as private insurance or Medicare, are treated for purposes of calculating the hospital-specific limitation on Medicaid disproportionate share hospital payments. Twelve not-for-profit children’s hospitals in Texas, Minnesota, Virginia and Washington, D.C., that serve a disproportionate share of Medicaid and uninsured patients had asked the court to vacate the 2017 final rule as contrary to the plain language of the Medicaid Act and “arbitrary and capricious” under the Administrative Procedures Act. U.S. District Judge Emmet Sullivan found that the agency acted outside the scope of its statutory authority under the Medicaid Act and vacated the rule; as a result it no longer applies nationally. AHA had urged CMS and Congress to withdraw the rule, voicing support for the plaintiff’s arguments and significant concerns about the rule’s impact on Medicaid DSH hospitals.

Headline
The AHA provided comments to the Medicare Payment Advisory Commission Oct. 2 on a discussion from the commission’s September meeting on its examination of…
Headline
The AHA, the New Hampshire Hospital Association and 340B Health have filed an amicus brief supporting Mary Hitchcock Memorial Hospital’s request for a…
Headline
The Senate Finance Committee Sept. 24 held a markup where it advanced the nomination of Chris Klomp for deputy secretary of the Department of Health and Human…
Headline
The Federal Trade Commission announced Sept. 9 that it rescinded its 2021 policy statement that extended applicability of its health breach notification rule…
Headline
The Department of Health and Human Services Sept. 4 announced that it awarded $11.2 million in grants to 15 recipients across 14 states to develop new…
Headline
The AHA Aug. 28 shared concerns with the Centers for Medicare & Medicaid Services regarding the calendar year 2027 hospital outpatient prospective payment…