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 29 issued a final rule for the skilled nursing facility prospective payment system for fiscal year 2027.…
Headline
The Centers for Medicare & Medicaid Services July 29 issued a final rule for the inpatient psychiatric facility prospective payment system for fiscal…
Headline
The Health and Human Services Secretary July 29 announced that dozens of insurers, medical societies, healthcare providers and behavioral health…
Headline
The AHA filed an amicus brief July 29 with the National Labor Relations Board, urging the NLRB to uphold its longstanding Health Care Rule. This …
Headline
John Riggi, AHA national advisor for cybersecurity and risk, shares insights from a conversation with two FBI leaders about the surge of cyberattacks on the U.…
Headline
The Centers for Disease Control and Prevention July 28 reported 18,207 confirmed or suspected cases of cyclosporiasis across the U.S. from the current outbreak…