On the Uneasy Relationship Between Medicaid and Charity Care

58 Pages Posted: 20 Aug 2013

See all articles by Merle Lenihan

Merle Lenihan

University of Tennessee, Memphis - Health Science Center; University of Texas Medical Branch - Institute for the Medical Humanities

Laura D. Hermer

Mitchell Hamline School of Law

Date Written: August 20, 2013

Abstract

Medicaid and charity care have a lengthy relationship fraught with complications. These complications will remain and in some respects become even more acute following the implementation of the Patient Protection and Affordable Care Act.

This article focuses on the uneasy relationship between Medicaid and charity care, one that becomes particularly acute in the context of Medicaid reimbursement. It traces the lineage of Medicaid in charity, and uses Medicaid reimbursement and supplemental payments as lenses through which to examine the relationship between Medicaid and charity care. The tension that we uncover will need to be resolved if Medicaid is to come closer to achieving its arguable aim of placing the poor on the same footing in our health care system as enjoyed by wealthier, privately-insured Americans.

Keywords: Medicaid, charity care, supplemental payments, DSH, UPL

Suggested Citation

Lenihan, Merle and Hermer, Laura D., On the Uneasy Relationship Between Medicaid and Charity Care (August 20, 2013). 28 Notre Dame Journal of Law, Ethics and Public Policy, 2014, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2313147

Merle Lenihan

University of Tennessee, Memphis - Health Science Center ( email )

Memphis, TN
United States

University of Texas Medical Branch - Institute for the Medical Humanities

Galveston, TX 77555
United States

Laura D. Hermer (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave.
Saint Paul, MN 55105
United States

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