Congress passed the Boren Amendment to allow states to develop and implement alternative reimbursement methodologies that promote the efficient and economical delivery of hospital and nursing facility services. However, courts have interpreted Boren in ways that limit state discretion and impede their ability to meet budgetary constraints.
Judicial Review of Medicaid Hospital and Nursing Home Reimbursement Methodologies under the Boren Amendment,
Annals Health L.
Available at: http://lawecommons.luc.edu/annals/vol3/iss1/6