On September 27, 2018, the U.S. Supreme Court agreed to take up an appeal of a decision by the U.S. Court of Appeals for the District of Columbia against the Department of Health and Human Services (HHS) concerning certain past payments to a number of mostly non-profit hospitals under the Medicare Disproportionate Share Hospital (DSH) program.

On February 23, 2018, Kentucky Governor Matt Bevin filed a lawsuit in the U.S. District Court for the Eastern District of Kentucky requesting that the court uphold the state’s newly imposed Medicaid work requirement.  The lawsuit was filed in response to the lawsuit previously filed in the U.S. District Court for the District of Columbia challenging the new eligibility requirement. The Commonwealth of Kentucky had not been included as a party to the prior action. 

On February 13, 2013, U.S. District Court Judge Brian Wimes in Missouri ruled that a CMS final rule that would require Missouri Hospitals’ DSH allotments to be reduced by any Medicare or commercial insurance was invalid. This ruling is one of several decisions in an ongoing battle by states in response to a CMS policy issuance in 2010 announcing the reduction, and a final rule in effect since June 1. 

On July 31, 2017, the U.S. District Court for the District of Connecticut certified a nationwide class of Medicare beneficiaries who desire to challenge their placement on “observation status” during their hospital stays.  Alexander v. Price, No. 3:11-cv-1703 (D. Conn. July 31,2017).