U.S. Supreme Court ruling expands scope of Medicare notice-and-comment requirement

On 3 June 2019 the U.S. Supreme Court held in Azar v. Allina Health Services that Medicare interpretive guidance must go through notice-and-comment if it establishes or changes a substantive legal standard governing payment, coverage, or eligibility.

The 7-1 decision affirmed a ruling by the D.C. Circuit vacating a Centers for Medicare & Medicaid Services policy used to calculate disproportionate share hospital (DSH) payments for hospitals serving a disproportionate share of low-income patients in fiscal year 2012. The majority opinion, authored by Justice Gorsuch, may have ramifications well beyond the Medicare DSH payment formula: it may expand the number and types of Medicare policies that are required to be promulgated through notice-and-comment.

Read More: U.S. Supreme Court ruling expands scope of Medicare notice-and-comment requirement


Download PDF Share Back To Listing
Loading data