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American Focus > Blog > Health and Wellness > Key Implications For DSH Patients
Health and Wellness

Key Implications For DSH Patients

Last updated: April 29, 2025 6:48 pm
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Key Implications For DSH Patients
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The recent 7-2 Supreme Court decision in the case of Advocate Christ Medical Center v. Kennedy has significant implications for hospitals across the country. The ruling addressed the issue of how patients are accounted for in Disproportionate Share Hospitals (DSHs), which serve a large number of low-income, Medicaid-eligible, and uninsured individuals. These hospitals receive special payments to help offset the costs of providing uncompensated care.

The case, led by Advocate Christ Medical Center in Illinois and joined by over 200 hospitals, centered on the eligibility criteria for enhanced DSH payments. The plaintiff hospitals argued that they should receive additional payments for any patient eligible for Supplemental Security Income (SSI), a federal program that supports low-income individuals. However, Medicare contended that only patients actively receiving SSI cash payments should be counted, excluding those who are merely eligible or enrolled.

The Supreme Court’s ruling upheld the stricter criteria for DSH calculations, potentially straining the finances of hospitals, especially those serving as safety-net systems. Justices Ketanji Brown Jackson and Sonia Sotomayor dissented, advocating for broader eligibility criteria.

DSHs, also known as safety-net hospitals, play a crucial role in providing care to low-income and vulnerable populations. These hospitals receive Medicaid DSH payments mandated by federal law to ensure financial stability and access to care for underserved communities.

Supplemental Security Income (SSI) is a federal program that provides financial assistance to individuals with limited income and resources who are disabled, blind, or elderly. The eligibility criteria for SSI include meeting income and asset limits, as well as being unable to engage in substantial gainful activity due to a disability.

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The technical nature of DSH calculations involves a formula that assesses the proportion of indigent patients served by a hospital. The DSH patient percentage is determined by looking at the percentage of Medicaid-eligible patients and Medicare patients receiving SSI payments treated by the hospital.

The ruling in Advocate Christ Medical Center v. Kennedy could result in significant financial losses for hospitals, with estimates exceeding $1.5 billion annually in DSH payments. The decision reinforces the importance of precise funding allocation based on active SSI recipients.

In response to the ruling, hospitals may need to explore strategies such as lobbying for DSH cuts, adopting value-based care models, and enhancing operational efficiencies through digital tools and AI. The impact of rising labor costs on hospital finances, particularly for safety-net facilities, will also need to be carefully monitored to prevent adverse effects on low-income communities.

Overall, stakeholders in the healthcare sector must remain vigilant and proactive in navigating the challenges posed by the Supreme Court ruling to ensure continued access to care for vulnerable populations.

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