News & Perspectives

U.S. Supreme Court strikes down 2014 regulation that reduced Medicare Disproportionate Share Hospital (DSH) payments

20. June 2019 Sam Fish Health

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. 

The seven to one decision was based on the technical requirement that certain regulations imposed by federal agencies must allow proper notice to the public and allow public comment before they can be implemented.