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Secretary Must Again Explain His FY 2004 Outlier Turbo-Charging Rulemaking, D.C. District Court Orders

Following several lines of litigation, a federal court has again ordered the HHS Secretary to justify his FY 2004 outlier rulemaking in light of Administrative Procedure Act requirements. In District Hospital Partners v....more

Iowa Hospital Settles False Claims Act Case for Inpatient Claims Submitted Under the Two Midnight Rule

Genesis Medical Center in Davenport, Iowa has reached a settlement with the Department of Justice related to improper hospital admissions from January 1, 2013 to December 31, 2016. According to the DOJ, Genesis “improperly...more

Congressional Leaders Focusing Sights on Nonprofit Hospitals

On February 15, 2018, Senate Finance Committee Chairman Orrin Hatch and senior committee member Senator Charles Grassley sent a letter to David Kautter, acting commissioner of the Internal Revenue Service (IRS), requesting...more

In Targeting Outlier Payment Reconciliation, OIG Calls for an Aggressive Reading of CMS Reopening Regulations

The HHS OIG recently published a report detailing CMS’s and Medicare Administrative Contractor’s (“MACs’”) ongoing issues in the outlier payment reconciliation process. A previous 2012 review identified 465 cost reports that...more

D.C. Circuit Decides Part C DSH Issue in Favor of Providers

On July 25, 2017, the United States Court of Appeals for the District of Columbia Circuit held that HHS violated the terms of the Medicare statute by failing to undertake notice-and-comment rulemaking in implementing its...more

D.C. District Court Upholds CMS’s Predicate Fact Three-Year Reopening Limitation

On March 10, 2017, Judge John Bates of the U.S. District Court for the District of Columbia upheld CMS’s three-year cost report reopening limitation, as applied to “predicate fact” determinations. The regulation at issue is...more

White House “Regulatory Freeze” Delays Implementation of Bundled Payment Models

In the February 17, 2017 Federal Register, CMS announced that it will delay implementation of several bundled payment initiatives until March 21, 2017. The Advancing Care Coordination Through Episode Payment Models (EPMs),...more

D.C. Circuit Rules against Hospitals on GME Nonhospital Site Written Agreement Provision

On December 9, 2016, the United States Court of Appeals for the D.C. Circuit ruled against two Michigan hospitals, holding that that the written agreements detailing their off-site residency programs failed to comply with the...more

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