On August 13, 2019, the D.C. Circuit Court of Appeals overturned a lower court’s nationwide injunction order that had vacated a Centers for Medicare and Medicaid Services (CMS) final rule that permitted payments from Medicare and private insurers to be included in calculating the hospital-specific limit on Medicaid DSH payments.

On Monday, June 24, 2019, the U.S. Supreme Court agreed to hear the case involving risk corridors for insurance companies under the Affordable Care Act (ACA). A provision of the ACA established these so-called risk corridors, whereby the federal government would control gains and losses of insurance companies to help the companies cope with their risks when they participated in the ACA marketplaces from 2014 to 2016. 

On Monday, June 3, 2019, the U.S. Supreme Court upheld a Court of Appeals ruling that stated a 2014 regulation of the Centers for Medicare and Medicaid Services (CMS) – that reduced DSH payments to hospitals servicing indigent patients – should be removed for failure to follow proper notice and comment requirements.