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Appeals Court Sides With CMS In Ruling That Limits DSH Pay

By Michelle M. Stein
August 13, 2019 at 6:17 PM
A federal appeals court on Tuesday (Aug. 13) reversed a lower court’s ruling and sided with CMS in a move that prevents hospitals from receiving Medicaid DSH payments to cover costs for which they have already been compensated by private insurers or Medicare. The U.S. Court of Appeals for the District of Columbia on Tuesday (Aug. 13) specifically backed a 2017 CMS rule that clarified a hospital’s Medicaid shortfall includes the uncompensated care costs that remain after accounting for payments...


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