Medicare DSH Adjustment and Section 1115 Waiver Days Proposed Rule Summary

On February 28, 2023, CMS published a proposed rule (CMS-1788-P) in the Federal Register (88 FR 12623) that would change its policies on how the Medicare disproportionate share adjustment is determined. The change relates to the counting of days associated with individuals eligible for certain benefits provided by section 1115 demonstrations in the Medicaid fraction of a hospital’s disproportionate patient percentage. The public comment period will end on May 1, 2023.