In case you missed it, a judge in New Hampshire has declared the state’s so-called “hospital tax” to be unconstitutional.
Last week, Hillsborough County Superior Court Judge Philip P. Mangones ruled that the Medicaid Enhancement Tax is unconstitutional in part because it treats hospitals differently from clinics and doctors, even though they perform the same services.
The suit was brought by Catholic Medical Center, St. Joseph Hospital and Exeter Hospital, which paid $31 million in Medicaid Enhancement taxes in 2011.
The state had been reimbursing the hospitals for the tax, using federal Medicaid dollars. After the New Hampshire legislature opted to stop the reimbursements, the hospitals sued.
Mangones’ key ruling, which may have further-reaching implications, is that hospitals and clinics perform a wide range of health services and therefore cannot be treated differently than similar providers, simply because they are hospitals.
“In essence, the MET imposes a tax on hospitals simply because they are hospitals, not based on the nature of the services they provide,” Mangones wrote.
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