Montefiore Medical Center v. Kennedy: Notice-and-Comment Rulemaking Requirement Intersects with Prohibition Against Retroactivity
This Feature Article is brought to you by AHLA's Regulation, Accreditation, and Payment Practice Group
- October 31, 2025
- Kenneth R. Marcus
The U.S. District Court for the District of Columbia issued its decision in Montefiore Medical Center v. Kennedy dated September 30, 2025. The court held that the Centers for Medicare & Medicaid Services (CMS) 2023 rule for treating Medicare Part C patients as entitled to benefits under Medicare Part A in the disproportionate share hospital (DSH) adjustment computation was consistent with the DSH statute but impermissibly retroactive to periods prior to October 1, 2013.
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