D.C. Court of Appeals Permits Hospitals to Include Inpatient Section 1115 Days in the Medicaid Fraction of the Medicare Disproportionate Share Hospital Calculation

The United States Court of Appeals for the District of Columbia recently ruled that a hospital's Medicaid eligible days in its Medicare disproportionate share hospital (DSH) calculation should include patients who receive inpatient care through a Section 1115 demonstration project. Bethesda Health, Inc. v. Azar, No. 19-5260 (D.C. Cir. 11/13/20), aff'g, 389 F.Supp.3d 32 (D.D.C. 2019). This ruling settles the issue nationally for hospitals since all hospitals can take their DSH appeals to this...
By: Baker Ober Health Law

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