The U.S. District Court for the District of Connecticut must review whether Medicare beneficiaries challenging the Centers for Medicare & Medicaid Services’ use of observation status have a property interest under the federal Due Process Clause in being admitted to their hospitals as inpatients, the U.S. Court of Appeals for the 2nd Circuit ruled yesterday. “The District Court erred in concluding that plaintiffs lacked a property interest in being treated as ‘inpatients,’ because, in so concluding, the District Court accepted as true the Secretary’s assertion that a hospital’s decision to formally admit a patient is ‘a complex medical judgment’ left to the doctor’s discretion,” the ruling states. “That conclusion, however, constituted an impermissible finding of fact, which in any event is inconsistent with the complaint’s allegations that the decision to admit is, in practice, guided by fixed and objective criteria set forth in ‘commercial screening guides’ issued by the Centers for Medicare & Medicaid Services.” In a friend-of-the-court brief filed last February, AHA shared its perspective on why CMS’s ambiguous policy regarding “observation” stays is a difficult issue for hospitals and hence beneficiaries.

Headline
The Centers for Medicare & Medicaid Services May 20 released a proposed rule that would modify policies governing Medicaid state-directed…
Headline
A lawsuit filed May 19 by 25 states and the District of Columbia against the Department of Education claims that the agency’s final rule establishing new…
Headline
The AHA May 20 provided comments to the House Energy and Commerce Subcommittee on Health for a hearing on the physician fee schedule, the Medicare Access…
Headline
The Wall Street Journal today published a letter to the editor from AHA General Counsel Chad Golder responding to a May 7 editorial criticizing the 340B Drug…
Headline
An AHA Cyber & Risk Intel blog by John Riggi, AHA national advisor for cybersecurity and risk, explores what health care leaders need to consider to reduce…
Headline
The Centers for Disease Control and Prevention yesterday issued an advisory on the Ebola disease outbreak in the Democratic Republic of the Congo and Uganda.…