Law360 assembled a panel of attorneys, including Bass, Berry & Sims attorney Brian Bewley, to comment on the significance of the Supreme Court’s ruling in Azar v. Allina Health Services – a case that could significantly impact policymaking at the U.S. Department of Health and Human Services (HHS). In this case, HHS sought to avoid seeking public comments on changes to the way disproportionate share hospital payments (DSH) are calculated, but the Supreme Court denied this approach. While the Supreme Court’s ruling directly applies to the policy change related to DSH payments, industry leaders expect the Supreme Court’s decision to impact other policy changes proposed by HHS.
“The Supreme Court’s decision correctly interpreted the statutory rulemaking authority that binds HHS. But it will be interesting to see if the end result — adjusted reimbursement rates — changes after HHS seeks the required public comment. In short, the Supreme Court’s decision is limited to whether HHS followed the proper process, and we should all be interested in the final outcome and how that impacts health care providers that must balance providing much-needed quality care but with less money,” said Brian.
The full article, “Attorneys React To High Court’s HHS Rulemaking Decision,” was published by Law360 on June 3, 2019, and is available online.