Ober|Kaler's Leslie Demaree Goldsmith takes a look at a case in which the United States District Court for the Western District of New York struck down CMS's wage index calculation for the Rochester, New York Metropolitan

Statistical Areas (MSA), which included not only the short term disability payments but also the associated hours. The court found CMS acted arbitrarily and capriciously in including the hours for one hospital, when CMS did not include the hours for other hospitals.