Health Affairs September 27, 2019
Litigation continues over the Affordable Care Act’s (ACA’s) risk adjustment program, including oral arguments held in the Tenth Circuit Court of Appeals on September 25, 2019. On September 24, the Centers for Medicare and Medicaid Services (CMS) issued a new final rule outlining methodology to make reductions to state Medicaid Disproportionate Share Hospital (DSH) allotments.
Oral Argument Held in Risk Adjustment Litigation
On September 25, a three-judge panel for the Tenth Circuit—Judges Carlos F. Lucero, Harris L. Hartz, and Scott M. Matheson, Jr.—heard oral argument in a dispute over a portion of CMS’ risk adjustment methodology. The lawsuit stems from a challenge brought by New Mexico Health Connections (NMHC) asserting that CMS improperly assumed that the risk adjustment program had...
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