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...