Partner Geri Edens is recognized for her appellate victory on behalf of Children’s Hospitals and Clinics of Minnesota and Gillette Children’s Specialty Healthcare. The case involved the payment of supplemental Medicaid funds that the US Congress intended hospitals to receive to help offset the significant financial losses incurred by hospitals that treat disproportionate numbers of Medicaid program patients.
These Disproportionate Share Hospital (DSH) payments were at risk of being completely eliminated and also recouped from past years due to a guidance document that the Centers for Medicare and Medicaid Services (CMS) posted on its website in the form of an answer to a question. The effect of the policy guidance would strip children’s hospitals of hundreds of millions of dollars, threatening their ability to provide specialized care to all children, regardless of their ability to pay.