Leslie Demaree Goldsmith of Ober|Kaler discusses an update on Banner Health v. Sebelius. The United States District Court for the District of Columbia recently affirmed the Secretary's exclusion of certain days from the Medicaid Fraction of the Medicare disproportionate share hospital (DSH) adjustment. Specifically, four Arizona hospitals sought to have medically needy and indigent days that were funded entirely by the state through its state Medicaid DSH program, included in the numerator of the Medicaid Fraction of the Medicare DSH calculation for cost years 1991 and 1993-1999.