On March 31, 2008, the United States District Court for the District of Columbia issued a sharp rebuke to CMS, holding that the agency's failure to use readily available data when calculating a hospital's disproportionate share hospital ("DSH") payments was arbitrary and capricious, and entitled the hospital to a recalculation of its DSH payments using more reliable information. See

Baystate Medical Center v. Leavitt, D.D.C. No. 1:06-cv-90263-JDB, 3/31/08.

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