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.

The case involves an interpretation of the notice and comment rulemaking requirement applicable to the Medicare program.  The payments in question related to an administrative calculation made in 2012 that affected the DSH formula for the years 2005 to 2013.   

The case is Azar v. Allina Health Services 17-1484.