The Centers for Medicare & Medicaid Services Sept. 30 issued an interim final rule which will discontinue the hospital inpatient prospective payment system low wage index policy for FY 2025. The policy was subject to litigation, and the United States Court of Appeals for the District of Columbia Circuit July 23 held that the secretary lacked authority under the “adjustments” section of the statute to adopt the policy and its related budget neutrality adjustment. CMS stated in the rule that while it disagreed with the court's decision, after consideration, it will remove the low wage index policy for FY 2025 and its related budget neutrality adjustment.

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