Celebrating 125 Years

Court Rides to Public Hospitals' Rescue

In a move hailed by public hospitals across the country, a federal district court last week thwarted the Department of Health and Human Services' (DHHS) attempt to "outfox" Congress by rushing through a final rule intended to limit federal payments to public hospitals serving Medicaid patients. Judge James Robertson of the United States District Court for the District of Columbia issued a pointed memorandum opinion vacating and remanding the rule to the Centers for Medicare & Medicaid Services (CMS) at DHHS on May 23, just two days before the rule was scheduled to take effect. Judge Robertson held that the final rule, if enacted, would have blatantly violated a moratorium set by Congress on any actions on the part of CMS intended to decrease federal Medicaid reimbursement to public hospitals.

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May 28, 2008

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