CMS Wins Another Court Victory On 2017 Rule Limiting Medicaid DSH Pay

By James Romoser
November 8, 2019 at 4:00 PM
A second federal appeals court has sided with CMS and upheld a 2017 rule that prevents hospitals from receiving Medicaid DSH payments to cover costs for which they have already been compensated by Medicare or private insurers. The U.S. Court of Appeals for the 8th Circuit ruled Monday (Nov. 4) that the rule is valid, rejecting a challenge from the Missouri Hospital Association, whose members include many disproportionate-share hospitals. The 8th Circuit’s ruling follows an August ruling from the U.S...

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