Supreme Court Strikes Down HHS Policy for Hospital Reimbursement

High Court Rejects HHS Shortcut On Hospital Pay Policy
– Law360

Manatt’s Helen Pfister, a partner with Manatt Health, spoke with Law360 about the Supreme Court’s decision to strike down policy issued by the U.S. Department of Health and Human Services (HHS) 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, according to Law360.

Pfister said that this decision has “significant implications” for how HSS goes about setting Medicare payments.

“How [the government] interprets and implements this decision with respect to specific future agency actions remains an open question, of course, but it certainly will have an impact on how [it] proceeds in the future,” she said.

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