CMS Releases the Finalized Medicare Outpatient Observation Notice Form – On December 9, 2016, CMS released the final Medicare Outpatient Observation Notice (MOON) form.  The MOON form is a standardized form developed by CMS to facilitate implementation of the Notice of Observation Treatment and Implication for Care Eligibility Act (Notice Act) requirements.  Hospitals and critical access hospitals must begin using the finalized, standard MOON form no later than March 8, 2017.  Importantly, however, the Notice Act requirements were effective August 6, 2016.  The final MOON form and instructions are available here. 

House’s Suit to Block Affordable Care Act Subsidies Paused Until February – On December 5, 2016, the U.S. Court of Appeals for the District of Columbia Circuit granted the House of Representatives’ motion to pause the House’s litigation against HHS over the payment of Affordable Care Act subsidies to health insurers.  As previously reported, the House petitioned the court to grant a temporary stay to allow the new Administration to consider whether to continue litigating.  The case is currently on appeal after the district court held that the appropriation of funds to pay cost-sharing subsidies to health insurers under the Affordable Care Act was not approved by Congress.  The case will be held in abeyance until February 21, 2017.