(May 9, 2025) – U.S. Supreme Court Rejects Hospital Challenge to DSH Calculation
The U.S. Supreme Court ruled against approximately 200 hospitals that contended the Department of Health and Human Services erred in calculating Medicare Disproportionate Share Hospital payments. DSH payments are calculated, in part, by counting the number of patient days attributable to low-income Medicare patients, as determined by their eligibility for Supplemental Security Income benefits.
Hospitals argued the enabling statute requires the agency to count all eligible patients for such benefits. The Supreme Court disagreed, finding that only those patients entitled to receive a Supplemental Security Income payment during their period of hospitalization should be counted. The ruling affirmed similar decisions by the Centers for Medicare and Medicaid Services and the lower courts in which the challenge was brought.
MLN Connects Provider eNews Available
The Centers for Medicare & Medicaid Services issued the following updates to MLN Connects Provider eNews: