The U.S. Supreme Court ruled Monday that the Department of Health and Human Services improperly changed the Medicare reimbursement formula for "disproportionate share hospitals," which receive more money because they treat a disproportionate share of poor people. That's good news for rural hospitals, which are overall more dependent on so-called DSH payments.
Gorsuch wrote that, because Medicare is such a large program, even small changes can make a big difference in millions of lives and need to be considered carefully. "Because affected members of the public received no advance warning and no chance to comment first, and because the government has not identified a lawful excuse for neglecting its statutory notice-and-comment obligations, we agree with the Court of Appeals that the new policy cannot stand," he wrote.
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