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.
Please see full publication below for more information.