The U.S. Supreme Court yesterday heard oral arguments in an appeal of a D.C. Circuit Court decision that the Department of Health and Human Services violated the Medicare Act when it changed Medicare鈥檚 reimbursement adjustment formula for disproportionate share hospitals without providing notice and opportunity to comment. 鈥淎lthough oral argument is an imperfect barometer, the justices鈥 comments suggest that the hospitals seeking more public participation in HHS policymaking may prevail,鈥 AHA outside counsel Sean Marotta, a partner at Hogan Lovells, writes in an AHA Stat blog post. In a friend-of-the-court brief filed last month, the AHA, Federation of 黑料正能量s, and Association of American Medical Colleges urged the court to affirm the circuit court鈥檚 decision.

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