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 today provided comments to the Consumer Product Safety Commission on its agenda and priorities for fiscal years 2027 and 2028, specifically…
Headline
The Centers for Medicare & Medicaid Services yesterday released a final rule that prohibits states from receiving federal matching funds for “sex-rejecting…
Headline
The Centers for Medicare & Medicaid Services today released an advisory for certain clinicians who are qualifying alternative payment model participants…
Headline
The Centers for Disease Control and Prevention yesterday released a health advisory on the risk of severe arboviral disease among patients receiving B-cell-…
Headline
The AHA Aug. 11 published a new issue brief on how hospitals and health systems can incorporate care navigation and coordination into their patient care…
Headline
In this conversation, Michele Frankel, deputy market president for Northwell Health’s Eastern Market, and Susan Kwiatek, DNP, vice president of aging and…