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 July 22 released implementation guidance following a district court ruling July 16 that…
Headline
The Cybersecurity and Infrastructure Security Agency and other U.S. and international partners July 22 released an updated advisory on Iranian-affiliated cyber…
Headline
The AHA’s Bridge to Care initiative highlights how hospitals and health systems are strengthening care transitions and supporting ongoing treatment engagement…
Headline
The House July 21 passed a continuing resolution that would fund the government through Dec. 4 by a 220-205 vote. The CR does not include extensions of key…
Headline
The Department of Health and Human Services July 22 announced that it will participate in the Genesis Mission, an artificial intelligence initiative focusing…
Headline
Edward You, former FBI Supervisory Special Agent and founder of EHY Consulting, explains why healthcare organizations must look beyond artificial intelligence…