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 AHA Aug. 28 shared concerns with the Centers for Medicare & Medicaid Services regarding the calendar year 2027 hospital outpatient prospective payment…
Headline
The AHA provided comments to the Centers for Medicare & Medicaid Services Aug. 28 on its calendar year 2027 home health prospective payment system proposed…
Headline
The Centers for Medicare & Medicaid Services’ six-month moratorium on the enrollment of new durable medical equipment, prosthetics, orthotics and supply…
Headline
The Federal Office of Rural Health Policy’s Rural Health Redesign Center will host a webinar on Sept. 24 at 2 p.m. ET, where hospital CEOs will discuss the…
Headline
Joy A. Rhoden, AHA senior vice president and executive director of health outcomes and care transformation, explores the economic impact of health disparities…
Headline
The Food and Drug Administration has issued an early alert for all automated Impella controllers by Abiomed following an issue that has caused three deaths and…