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HHS Defends Medicare Payment Change in Final Brief to SCOTUS

Jan. 9, 2019, 3:59 PM

The Health and Human Services Department didn’t overstep its bounds when it used an informal procedure to change how it calculates Medicare payments for some nonprofit hospitals, the agency told the U.S. Supreme Court Jan. 8.

HHS in its final brief before oral argument on Jan. 15 said it would be hamstrung if forced to put out every proposed payment change for notice-and-comment procedures before adopting it.

HHS’s modification of its method of calculating Medicare payments for hospitals that serve a disproportionately higher number of low income patients than other hospitals wasn’t a substantive change that required a more sophisticated ...