SHANNON MEDICAL CENTER et al v. BECERRA ( case 1:24-cv-02583-JDB ) “CASE” was filed September 9, 2024 in District Court For the District of Columbia. The CASE is a challenge to The Part C Days Final Rule which is commonly known to be an instance of Retro Rulemaking occurring on June 9, 2023 by CMS following a Supreme Court ruling that CMS had violated notice and comment rule making procedures in its 2004 Final Rule.
Congress amended statute shortly after a Georgetown University Hospital case where the Supreme Court indicated Retro Rulemaking was not allowed unless Congress conveyed such right. In the amended statue Retro Rulemaking is allowed when required by statute or when it is in the public interest.
In the CASE, the Plaintiffs are charging Defendant XAVIER BECERRA as Secretary of Health and Human Services of being Arbitrary, Capricious, Abusing Discretion, and being Contrary to Law and Unsupported by Substantial Evidence in the enactment of the Part C Days Final Rule. This case in particularly interesting considering the Chevron doctrine was recently diminished by the Supreme Court which is expected to effectively take discretionary authority away from government agencies such as CMS in certain circumstances.
This CASE joins the Advocate case currently before the Supreme Court along with other data matching cases in courts below the Supreme Court as the most noteworthy cases impacting Medicare DSH Reimbursement by means of the SSI ratio and Medicaid Share percentage.
If you have questions regarding Medicare DSH please contact Adam Blackwell at adamblackwell@govdataservices.com
The CASE can be found here.