Supreme Court Weighs Scope Of CMS’ Authority To Bypass Rulemaking

By James Romoser / January 15, 2019 at 7:41 PM
Several Supreme Court justices expressed skepticism Tuesday (Jan. 15) about CMS’ authority to issue legal interpretations that affect Medicare reimbursements without going through notice-and-comment rulemaking. During an oral argument in a case involving a change to the formula used to calculate payments for disproportionate-share hospitals, the justices grilled a government lawyer on the meaning of a clause in the Medicare statute that requires rulemaking before the agency can adopt any policy that “establishes or changes a substantive legal standard” affecting...

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