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.

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The House Energy and Commerce Subcommittee on Health held a hearing Sept. 15 to discuss more than a dozen legislative proposals regarding Medicare provider…
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A bipartisan resolution recognizing Sept. 17 as National Physician Suicide Awareness Day was introduced yesterday by Reps. Haley Stevens, D-Mich., and Brian…
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In recognition of Suicide Prevention Month, Susan Szulewski, M.D., president and chief operating officer, McLean Hospital and vice president, Mass General…
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The Coalition to Strengthen America’s Healthcare Sept. 15 launched a new ad titled How Much More, which highlights consequences for patients resulting…
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The Association of American Medical Colleges announced Sept. 15 that David J. Skorton, M.D., president and CEO, will retire from his role June 30, 2027.…
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The AHA Sept. 15 released a preview for Frontiers, a three-episode documentary series from the AHA’s Advancing Health Podcast on rural maternal health.…