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
In this conversation, Tori Bahr, M.D., section chief of pediatrics at Gillette Children’s, shares how healthcare teams can improve the transition from…
Headline
The second listening session in the AHA’s series on disability health will focus on community partnerships and is scheduled for Oct. 28 at 1 p.m. ET. These…
Headline
A new critical vulnerability has been discovered in Citrix NetScaler ADC and NetScaler Gateway products, the company announced Oct 8. Citrix said the…
Headline
The Department of Health and Human Services Oct. 9 announced the launch of its Newborn Essentials Support Toolkit Program, which, through partnership with the…
Chairperson's File
Public
What does patient safety mean to you? For many, patient safety means what we can see: hand hygiene, infection prevention and control practices, medication…
Headline
The Centers for Medicare & Medicaid Services Oct. 9 released its first report on how states are implementing funds from the Rural Health Transformation…