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 2026 AHA Leadership Summit will be held July 12-14 at the Colorado Convention Center in Denver. Speakers from across healthcare will provide in-depth…
Headline
The Department of Health and Human Services June 30 announced it will terminate emergency use authorization declarations for certain drugs and medical devices…
Headline
The AHA provided a statement June 30 to the House Ways and Means Committee in advance of a markup July 1 where the committee will consider legislation that…
Headline
The AHA June 30 announced the appointment of Steve Walsh as its next president and chief executive officer. Walsh, who has served as president and CEO of the…
Headline
The AHA is accepting applications through Aug. 18 for the 2027 Quest for Quality Prize, which recognizes hospitals and health systems that provide safe patient…
Headline
The Food and Drug Administration has identified a Class I recall of North American Rescue first aid kits containing TRUE METRIX Blood Glucose Monitoring…