In February of 2023, the American Academy of Sleep Medicine issued a "recommended" way to score hypopneas using 1A criteria (scoring of hypopneas using a ≥ 3% oxygen desaturation from pre-event baseline) that is at odds with the Centers for Medicare & Medicaid Services mandate of scoring hypopneas using a ≥ 4% oxygen desaturation from pre-event baseline. This dichotomy will present an ethical dilemma for sleep medicine providers.We use the principles of medical ethics to discuss the challenges this discrepancy poses for sleep medicine providers.Disparate hypopnea scoring undermines beneficent patient care and impairs providers' duty to deliver just, equitable care, hence violating the principles of justice and beneficence. This primarily affects older adults, the disabled, the "medically needy," and those living at the federal poverty line dependent on public insurance.This discrepancy creates a situation that falls below acceptable levels of health care justice. It is recommended that the American Academy of Sleep Medicine work with the Centers for Medicare & Medicaid Services to develop a scoring policy that consistently promotes individual sleep health regardless of payor.Skolnik C, Attarian H. The ethics of hypopnea scoring. J Clin Sleep Med. 2024;20(4):615-617.