The U.S. Court of Appeals for the 1st Circuit last week affirmed a 2017 district court ruling that permanently barred the Centers for Medicare & Medicaid Services from using FAQs 33 and 34 in calculating Medicaid Disproportionate Share Hospital payments for New Hampshire hospitals. The New Hampshire Hospital Association and several New Hampshire hospitals joined in challenging the CMS policy that reduced the amount of payment they were entitled to under the Medicaid Act and in violation of the Administrative Procedure Act. Federal courts in Missouri and the District of Columbia have barred CMS from enforcing a 2017 final rule that incorporated the policy in the FAQs. In the D.C. case, the court voided the rule, meaning it no longer applies nationally.

Headline
The AHA July 31 provided comments to the Centers for Medicare & Medicaid Services on its interim final rule on Medicaid community engagement requirements.…
Headline
The Centers for Medicare & Medicaid Services today released a proposed rule that would update Medicaid provider tax policies included in the July 2025…
Headline
The AHA provided comments July 21 to the Centers for Medicare & Medicaid Services on its proposed rule to modify policies governing Medicaid…
Headline
The Department of Homeland Security July 16 finalized its proposal to rescind the public charge ground of inadmissibility regulations issued in 2022. Among…
Headline
The Centers for Medicare & Medicaid Services July 7 released a bulletin announcing the end of its “fast-track” review process for certain Medicaid section…
Headline
The AHA drafted and filed an amicus brief June 17 in the 5th U.S. Circuit Court of Appeals in a case regarding Medicaid financing and provider taxes filed by…