0938-AS92 201610 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0938 Centers for Medicare & Medicaid Services CMS 0900 Department of Health and Human Services HHS Disproportionate Share Hospital (DSH) Payments: Treatment of Third Party Payers in Calculating Uncompensated Costs (CMS-2399-F)

This final rule addresses the hospital-specific limitation on Medicaid DSH payments and annual DSH audits required under the Social Security Act (the Act) by clarifying that only uncompensated cost can be included in the calculation of the hospital-specific DSH limit. Specifically, this rule codifies an existing policy that all payments received by hospitals by or on behalf of Medicaid eligible individuals, including Medicare and third party payments, must be included in the calculation of uncompensated care cost.

]]> Other Significant First Time Published in The Unified Agenda Final Rule Stage No No 42 CFR 447 42 U.S.C. 1396r–4 No NPRM 08/15/2016 81 FR 53980 NPRM Comment Period End 09/14/2016 Final Action 02/00/2017 No No State No No No Wendy Harrison Health Insurance Specialist 0938 Centers for Medicare & Medicaid Services CMS 410 786-2075 wendy.harrison@cms.hhs.gov Center for Medicaid and CHIP Services, MS: S3-14-18, 7500 Security Boulevard, Baltimore MD 21244