Supreme Court to Hear Arguments on Medicare’s Disproportionate Share Hospital Payments

Complications: Health Policy Unraveled

In 2022, the Supreme Court of the United States heard arguments related to Medicare’s Disproportionate Share Hospital Payments. Now that issue is before the court again.

In this episode of Complications: Health Policy Unraveled, host Stephanie Kennan discusses an upcoming SCOTUS case involving hospitals and the Department of Health and Human Services (HHS). The hospitals argue that HHS in not following the 2022 SCOTUS decision related to how patients receiving SSI are counted. The hospitals argue that the manner in which HHS counts patients has resulted in funding cuts and puts some hospitals in jeopardy of not being eligible for other programs including the 340B program. HHS argued that the case should be dismissed and that amending the 2022 ruling would allow abuse of DSH payments. Stay tuned to Complications for updates as arguments are heard and a ruling is made.

Meet Your Host

Name: Stephanie Kennan

Title: Senior Vice President, Federal Public Affairs at McGuireWoods Consulting

Specialty: Stephanie Kennan helps clients navigate the legislative and executive branches of the federal government to solve problems involving a variety of healthcare policy issues. Her work focuses on providers, medical device manufacturers, drug manufacturers and associations concerned about Medicare and Medicaid reimbursement.

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Episode Highlights

[00:32] The Supreme Court of the United States (SCOTUS) will hear arguments on a suit between hospital groups and the Department of Health and Human Services (HHS) related to Medicare’s disproportionate share of hospital payments (DSH)

[00:55] Facts and ruling of 2022 SCOTUS case about DSH

[01:42] Basis of the current SCOTUS DSH case

[02:48] Hospital groups’ arguments for why SCOTUS should resolve DSH issues not considered in the 2022 ruling

[03:47] HHS’s arguments for why SCOTUS should dismiss the current DSH suit

[04:45] Stay tuned to Complications for analysis of SCOTUS’s ruling on this case

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