Supreme Court Restricts CMS’ Ability To Skirt Notice-And-Comment

The Supreme Court on Monday (June 3) struck down a CMS payment policy from fiscal 2012 that cut Medicare reimbursements to hospitals serving large numbers of low-income patients. The court ruled 7-to-1 that the CMS policy was invalid because the agency put it in place without conducting notice-and-comment rulemaking. Justice Neil Gorsuch, writing for the majority in Azar v. Allina Health Services , rejected CMS’ argument that it had broad authority to issue its own legal interpretations of the Medicare...