Partner Judith Waltz was quoted in a Compliance Cosmos article, “In Ruling That Will Shake Up How CMS Issues Guidance, Supreme Court Rejects DSH Formula,” about a U.S. Supreme Court decision throwing out a Medicare formula for calculating disproportionate share hospital (DSH) payments because it never went through formal rulemaking.
Going forward, Waltz said, there still are a lot of open issues that will need to be hashed out in the courts. “CMS will take an action and someone will go into court and say, ‘that’s an invalid action because the underlying requirement was not noticed and commented, so we can’t be held to that standard because it’s just CMS’s opinion,’” she said.
It’s also unclear what the decision means for routine guidance, Waltz said. “CMS can take the risk and say its guidance is only interpretive, but I think it will be another area of challenge,” she said.
(Subscription required.)
Going forward, Waltz said, there still are a lot of open issues that will need to be hashed out in the courts. “CMS will take an action and someone will go into court and say, ‘that’s an invalid action because the underlying requirement was not noticed and commented, so we can’t be held to that standard because it’s just CMS’s opinion,’” she said.
It’s also unclear what the decision means for routine guidance, Waltz said. “CMS can take the risk and say its guidance is only interpretive, but I think it will be another area of challenge,” she said.
(Subscription required.)
People
Related News
24 April 2024
In the News
Judith Waltz Discusses Nursing Home Staffing Mandate, Potential Legal Challenges
Foley & Lardner LLP partner Judith Waltz offers insight on a new nursing home staffing rule from the U.S. Department of Health and Human Services and its impact on the industry in the Bloomberg Law article, “Nursing Homes, HHS on Collision Path Over Staffing Mandate.”
23 April 2024
In the News
David Sanders Discusses Lessons Learned from General Counsel Leadership Program
Foley & Lardner LLP partner David Sanders recently joined a panel discussion with members of The Vanguard Network’s General Counsels Advisory Group to discuss the evolving role of the general counsel.
23 April 2024
In the News
Claire Marblestone Discusses HHS Final Rule on Protected Health Information Disclosure
Foley & Lardner LLP Claire Marblestone assessed the U.S. Department of Health and Human Services’ final rule that bars providers, health plans, and other entities covered by the Health Insurance Portability and Accountability Act from disclosing protected health information in a Healthcare Dive article.