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                                                                                   Updated February 9, 2021
Medicaid Disproportionate Share Hospital (DSH) Reductions


The Medicaid statute requires states to make
disproportionate share hospital (DSH) payments to
hospitals treating large numbers of low-income patients.
This provision is intended to recognize the dis advantaged
financial situation of those hospitals becauselow-income
patients are more likely to be uninsured or Medicaid
enrollees. Hospitals often do notreceivepayment for
services rendered to uninsured patients, and Medicaid
provider payment rates are generally lower than the rates
paid by Medicare and private insurance. (See CRS Report
R42865, Medicaid Disproportionate Share Hospital
Payments.)

Whereas mostfederal Medicaid funding is provided on an
open-endedb asis, federal Medicaid DSH funding is capped.
Each state receives an annual DSH allotment, which is the
maximum  amount of federal matching funds that each state
is permitted to claim for Medicaid DSH payments. In
FY2019, federalDSH allotments totaled $12.6billion.

DSH Allotment Reduction Arounts
The Patient Protection and Affordable Care Act (ACA; P.L.
111-148, as amended)hasreducedthe numberofuninsured
individuals in the United States through thehealth
insurance coverage provisions (including the ACA
Medicaid expansion). Built on the premise that with fewer
uninsured individuals there should be less need for
Medicaid DSHpayments,  the ACA included aprovision
directing the Secretary of the Department of Health and
Human  Services (HHS) to make aggregate reductions in
Medicaid DSH allotments equalto $500 million in FY2014,
$600 million in FY2015, $600 million in FY2016, $1.8
billion in FY2017, $5.0 billion in FY2018, $5.6 billion in
FY2019, and $4.0 billion in FY2020.

Despite the assumption that decreasing the number of
uninsured individuals wouldreduce the need for Medicaid
DSH  payments, the ACA was written so that, after the
specific reductions forFY2014 throughFY2020, DSH
allotments would havereturnedto the amounts that states
would have received without the enactment of the ACA. In
other words, in FY2021, states' DSH allotments would
have rebounded to their pre-ACA-reduced levels, with
annual inflation adjustments for FY2014 to FY2021.

The Medicaid DSH reductions have been amended by a
number of laws since the ACA. The specific laws that have
amended  the Medicaid DSH reductions are

  the Middle Class TaxRelief and Job Creation Act of
   2012 (P.L. 112-96);

  the American Taxpayer Relief Act of2012 (P.L. 112-
   240);


  the Bipartis an Budget Act of2013 (P.L. 113-67);

  the Protecting Access to Medicare Act of 2014 (P.L.
   113-93);

  the Medicare Access and CHIP Reauthorization Act of
   2015 (P.L. 114-10);

  the Bipartisan BudgetActof2018 (BBA 2018; P.L.
   115-123);

  the Continuing Appropriations Act, 2020, and Health
   Extenders Act of2019 (P.L. 116-59);

  the Further Continuing Appropriations Act, 2020, and
   Further Health Extenders Act of2019 (P.L. 116-69);

  the Further Consolidated Appropriations Act, 2020 (P.L.
   116-94);

  the Coronavirus Aid, Relief, and Economic Security Act
   (P.L. 116-136);

  the Continuing Appropriations Act, 2021, and Other
   Extensions Act (P.L. 116-159);

  the Further Continuing Appropriations Act, 2021, and
   Other Extensions Act (P.L. 116-215); and

  the Consolidated Appropriations Act, 2021 (P.L. 116-
   260).

Under current law, the Medicaid DSH reductions are to
occur fromFY2024 through FY2027 (see Figure 1). The
aggregate reductions to the Medicaid DSH allotments equal
$8.0 billion for each of those years.


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