Federal judge orders CMS to stop site-neutral cuts
A federal judge this week rejected a Centers for Medicare and Medicaid Services request to reconsider a Sept. 17 order vacating portions of the federal fiscal year 2019 outpatient prospective payment system rule that reduced payments for certain services provided in off-campus hospital outpatient departments that were grandfathered under the Bipartisan Budget Act of 2015.
The court also denied CMS’ request for a stay to consider whether to appeal the order. The latest opinion follows the court’s September ruling in favor of the American Hospital Association and other hospital plaintiffs, which stated CMS did not have the authority to implement the site-neutral reductions. CMS is likely to appeal the decision.
HANYS applauds the court’s ruling. Reversing CMS’ cuts and protecting against further site-neutral reductions is one of HANYS’ key federal advocacy priorities. Contact: Elyse Oveson