Yet Another Federal Court Rejects Hospitals' Claims For Inclusion of State-Only Medical Assistance Days in DSH Adjustment

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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.

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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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