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On April 29, in a 7-2 decision authored by Justice Barrett, the Supreme Court held in Advocate Christ Medical Center v. Kennedy (No. 23-715) that the “Medicare fraction” of the Medicare program includes only those patients who were eligible to receive supplementary social income (SSI) payments during the month of their hospitalization, as opposed to patients who were merely enrolled in the SSI system at the time of their hospitalization.Continue Reading Decision Alert: Supreme Court Clarifies Medicare DSH Reimbursement—Key Implications for Hospitals in Advocate Christ Medical Center v. Kennedy

In what promises to be another opportunity to further clarify the scope of federal agency influence after the fall of Chevron deference, on June 10, 2024, the Supreme Court agreed to hear Advocate Christ Medical Center, et al. v. Xavier Becerra, Secretary of Health and Human Services. The case involves the calculation of Medicare reimbursements to hospitals under the “disproportionate share hospital” (DSH) adjustment, which provides additional compensation to hospitals serving an unusually high percentage of low-income patients. Continue Reading Supreme Court to Examine Medicare Reimbursement Calculations