The AHA and Texas Hospital Association today filed a friend-of-the-court brief supporting the Texas Health and Human Services Commission and several Texas hospitals and health systems challenging a U.S. Department of Health and Human Services’ Departmental Appeals Board decision adopting a “net effect” standard for “bona fide provider-related donations” to supplemental payments in Medicaid. The Centers for Medicare & Medicaid Services adopted the standard in its Medicaid Fiscal Accountability Rule, withdrawn last September at the urging of AHA and others. 

“This regulatory history demonstrates that, one way or another, CMS impermissibly required regulated parties to operate in an unclear legal environment—and it unlawfully and retroactively penalized some of these regulated parties to the tune of $25 million for violating these unclear legal standards,” the brief states. “Put another way, the challenged DAB decision expected a state agency and the hospital-intervenors to conform its longstanding financing arrangements to a ‘net effect’ test that was not in place at the time and that the agency later indicated was unclear. This lack of clarity violates the most basic tenets of American law.” 
 

Related News Articles

Headline
The AHA June 29 sent a letter to senators urging them to amend the budget reconciliation bill before its final passage in the Senate. The Senate version of the…
Headline
The latest video in the AHA’s series “Medicaid: Real Lives, Real Care” features Melissa Fannon-Wisner, DNP, nurse educator and nurse practitioner at Valley…
Headline
In a Q&A, Becky Pletzer, a social worker and mother, explains how critical Medicaid has been to support her son with disabilities, and why cuts to the…
Blog
Public
A Q&A with Becky Pletzer, social worker and parent to a son with disabilities Q: Can you tell me about yourself and your family?A: I’m Dr. Becky…
Headline
A new advertisement by the Coalition to Strengthen America’s Healthcare highlights President Trump’s comments to “love and cherish” and “not touch” the…
Headline
Kevin McEwan, DNP, R.N., chief nursing officer at Madison Memorial Hospital, shares how Medicaid provides vital behavioral health and maternal and child care…