Hopeful News for Providers on DSH/SSI Issue


The Federal District Court for the District of Columbia recently issued an order

in the Baystate disproportionate share hospital (DSH) supplementary security

income (SSI) case: (1) vacating the decision of the Administrator below and

ordering the Secretary of Health and Human Services (Secretary) to

recalculate and pay the hospital further sums consistent with the court's

opinions and to pay interest, (2) finding that the earlier ordered further

evidentiary hearing and addition explanation by the Secretary are no longer

necessary, and (3) denying Baystate's request that the court retain jurisdiction

over this case until full resolution. Baystate Medical Center v. Leavitt, Civil

Action No. 06-1263, DDC, Memorandum Opinion, Nov. 7, 2008.

The court in its recent Memorandum Opinion responded to a motion filed by

Baystate for action on the part of the court. The court agreed to explicitly

vacate the Administrator's decision below and to more specifically order the

Secretary to pay the hospital the additional DSH amount due based on the

anticipated corrections to the SSI fraction calculation plus interest as

established by statute. The Secretary concurred with this portion of Baystate's

request, and the court granted the request. Leslie Demaree Goldsmith of Ober|Kaler discusses the proceedings.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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