Supreme Court Orders HHS to Vacate Policy for Hospital Reimbursement

Supreme Court Rules Against HHS In Medicare Payment Case

Manatt’s Helen Pfister, a partner with Manatt Health, spoke with POLITICO Pro about the Supreme Court’s decision to strike down U.S. Department of Health and Human Services’ (HHS) policy for reimbursing hospitals that treat a large number of low-income patients on Medicare.

In a 7-1 decision, the Court ruled that HHS improperly failed to seek public feedback before announcing its policy, and ordered the agency to vacate the policy.

Pfister told POLITICO Pro that this ruling prompts questions about how the Centers for Medicare & Medicaid Services (CMS) “interprets and implements” the Court’s decision.

“It’ll certainly constrain CMS’ actions to some extent, and also enable providers to have a standard basis for challenges to decisions by CMS that have payment implications going forward,” she said.



pursuant to New York DR 2-101(f)

© 2023 Manatt, Phelps & Phillips, LLP.

All rights reserved