Medicare Math and the Supreme Court: How a Technical Ruling Could Cost Hospitals Millions

When Technicalities Cut Deep: Supreme Court Backs HHS in Controversial Medicare Payment Formula Case

In a decision with massive financial implications for hospitals serving low-income communities, the U.S. Supreme Court sided with the Department of Health and Human Services (HHS) in a dispute over how Medicare payments are calculated for hospitals treating large numbers of economically disadvantaged patients. The 7–2 ruling, delivered in a majority opinion by Justice Amy Coney Barrett, affirmed the government’s narrower interpretation of how eligibility for Supplemental Security Income (SSI) impacts the Medicare payment formula.

At the heart of the case is a key component of Medicare’s reimbursement structure known as the “Medicare fraction.” This fraction helps determine whether hospitals qualify for enhanced payments under the Disproportionate Share Hospital (DSH) adjustment—an incentive designed to support facilities treating substantial numbers of low-income patients.

More than 200 hospitals challenged HHS’s interpretation of who counts toward that fraction. Specifically, the disagreement focused on the definition of patients “entitled to [SSI] benefits.” The hospitals argued that any patient enrolled in the SSI program at the time of hospitalization should count, regardless of whether they actually received a payment in that particular month. HHS, however, maintained that only those who received SSI payments during the month of their hospitalization qualify.

Justice Barrett’s opinion leaned heavily on a plain-language interpretation of the statute. She wrote that SSI benefits are “cash benefits” and emphasized the statute’s monthly eligibility framework. “An individual is considered ‘entitled to [SSI] benefits’ for purposes of the Medicare fraction only if she is eligible for such benefits during the month of her hospitalization,” Barrett explained.

In contrast, Justice Ketanji Brown Jackson’s dissent—joined by Justice Sonia Sotomayor—criticized the majority for missing the larger statutory and social context. Jackson argued that Congress’s intent was clear: to financially bolster hospitals serving “our society’s neediest,” not to penalize them based on administrative quirks like whether a patient happened to receive a cash benefit in a given month. “The majority’s interpretation will deprive hospitals serving the neediest among us of critical federal funds that Congress plainly attempted to provide,” she warned.

⚖️ The Legal and Policy Stakes

Although the issue may seem esoteric, its real-world consequences are anything but. The difference in interpretation could mean millions of dollars in lost reimbursements for hospitals that often already operate on razor-thin margins. Many of these institutions serve rural areas or inner-city neighborhoods with high poverty rates, making the DSH adjustment a crucial part of their operating budget.

HHS’s approach to the Medicare fraction has been challenged before, but the Court’s decision now cements a stricter reading of who counts as a low-income patient under Medicare’s payment structure. For practitioners and policy analysts, this decision signals a judicial trend of favoring textual precision over broader policy aims—even when vulnerable populations stand to lose.

💼 Implications for Legal and Healthcare Communities

This ruling further complicates how healthcare institutions assess their funding eligibility under Medicare. Legal teams advising hospitals will now need to conduct more detailed audits of patient records, specifically checking whether SSI payments were actually issued in the month of hospitalization. This technical compliance burden could increase operational costs, particularly for under-resourced facilities.

Moreover, the ruling may prompt further litigation, especially if Congress attempts to amend or clarify the statute to reflect a broader understanding of entitlement. Hospitals and healthcare advocacy groups may also ramp up lobbying efforts to revise the rules governing DSH adjustments.

🧩 Final Takeaway

In Becerra v. Empire Health Foundation, a case similar in complexity, the Court previously upheld another controversial interpretation by HHS. This new ruling reaffirms the Court’s willingness to back the agency’s strict statutory readings—even when they appear to conflict with broader health equity goals.

For now, the message is clear: when it comes to Medicare reimbursements, technicalities matter. Legal and healthcare professionals alike must stay vigilant and proactive in understanding the fine print that governs vital federal funding.

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Source: https://www.scotusblog.com/2025/04/supreme-court-sides-with-hhs-in-dispute-over-calculation-of-medicare-payments-to-hospitals/

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