Wise Carter attorneys George Ritter, Collier Graham, and Becky Hawkins, with strategic assistance from Mike Wallace, achieved a significant victory for Mississippi hospitals, resulting in the Division of Medicaid (DOM) withdrawing approximately $47 million in recoupments of disproportionate share hospital (DSH) payments. DSH payments, generally, are supplemental Medicaid payments to hospitals that provide a disproportionate share of uninsured care. The initial recoupments imposed by DOM were for fiscal years 2012, 2013, and 2014 and totaled $23,267,790 against 14 Mississippi hospitals represented by Wise Carter. Wise Carter challenged the recoupments arguing that DOM’s auditors had applied the incorrect methodology for calculating the hospitals’ DSH cap, known as the hospital specific DSH limit. Later, DOM announced recoupments for FY 2017 totaling $26,628,618 against 15 hospitals. Wise Carter challenged these recoupments on the same grounds. On December 29, 2022, after protracted administrative and federal proceedings, DOM announced that it would apply the methodology advocated by the hospitals. The end result was that virtually all of the $47 million in recoupments were withdrawn.
For over 50 years, Wise Carter has served Mississippi hospitals through good times and bad. From contracting and certificates of need to malpractice defense and reimbursement litigation, and all other areas of healthcare law, our healthcare attorneys provide a full array of legal services for hospitals, physicians, clinics, and other care facilities. Wise Carter is proud to serve as counsel for the Mississippi Hospital Association and its affiliated organizations.