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Supreme Court Adopts Provider-Favorable Construction of Medicare Act Notice and Comment Procedures
The Supreme Court handed a major procedural victory to hospitals in its June 3, 2019, opinion in Azar v. Allina Health Services.[1] By a 7-1 majority, the Court found that the government’s imposition of controversial Medicare payment calculations without a public notice and comment period violated the Medicare Act. Although the opinion has received modest attention in provider circles, it should serve as welcome news for financially stressed providers that are dependent upon Medicare and are especially vulnerable to rate changes.