Current Report Articles
CMS Will Not Enforce Medicaid DSH Policy While Appealing Court Ruling

(Jan. 18, 2018) – As of Dec. 30, 2018, and in light of four recent appellate court decisions, the Centers for Medicare & Medicaid Services is withdrawing FAQs 33 and 34 from the Medicaid Disproportionate Share Hospital Additional information on the DSH Reporting and Audit Requirements guidance, issued in January of 2010. As a result, CMS will accept revised DSH audits that cover hospital services furnished before June 2, 2017. At this time, CMS does not intend to provide additional guidance regarding whether individual states should submit revised DSH audits; however, CMS does expect states to comply with 42 C.F.R. §433.312(a) and expects any overpayments identified in the audits will either be redistributed to other DSH-eligible hospitals in accordance with the applicable state plan or the federal portion be refunded to CMS.

This week, the Kansas Department of Health and Environment distributed a notice to KHA's Medicaid DSH Steering Committee indicating the agency is currently reviewing the recent DSH ruling to assess the potential effects on Kansas Medicaid and DSH disbursements and audits. Additional communication regarding KDHE's plan will be provided after legal review. The state's DSH contractor, Myers and Stauffer, also published an informational bulletin regarding the additional DSH guidance.

Additional information regarding Medicaid DSH payments can be found on the federal Medicaid website.
--Tish Hollingsworth