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.

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A Capitol Hill briefing Sept. 17 in Washington, D.C., hosted by 11 national healthcare organizations, including the AHA, highlighted the growing epidemic…
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The National Institute of Standards and Technology and the Cybersecurity and Infrastructure and Security Agency have released guidelines to protect…
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The AHA’s American Society for Health Care Engineering has released Health Care Maintenance and Operations: The Facilities Management Handbook, a new…
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In episode one of Frontiers, a special three-part podcast series from the AHA that examines maternal health in rural America, learn how rural hospital leaders…
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Join the AHA’s Better Health for Mothers and Babies Initiative in observing NICU Awareness Month in September and NICU Awareness Day on Sept. 30. From Sept. 28…
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The Pennsylvania Department of Health Sept. 15 announced the confirmation of two additional measles-associated deaths, bringing the state’s total to four. The…