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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Secretary of Health and Human Services Robert F. Kennedy Jr. testified in additional Senate hearings April 22 on the fiscal year 2027 HHS budget proposal,…
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The Centers for Medicare & Medicaid Services announced in a memo April 21that it is delaying implementation of the Medicare Part D portion of the Better…
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As published April 20, the Department of Justice released an interim final rule in the Federal Register to delay compliance dates for states and local…
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The Washington Post yesterday published a letter to the editor from AHA President and CEO Rick Pollack responding to an April 18 editorial criticizing the 340B…
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The AHA today released its Health Care Plan Accountability Update, covering the latest developments in Medicare Advantage, legislation and…
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The AHA is seeking participants to speak at the 2027 Rural Health Care Leadership Conference, which will be held Jan. 31-Feb. 3 in Orlando, Fla. …