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.

Related News Articles

Perspective
America’s hospitals and health systems have always aimed to provide the highest quality and safe care to patients, while helping every individual achieve their…
Headline
The devastating 2023 Maui wildfires claimed 102 lives, destroyed more than 2,200 structures and caused an estimated $5.5 billion in damages. One year later as…
Headline
The Centers for Medicare & Medicaid Services Oct. 21 will host a webinar on meeting new hospital price transparency requirements which become effective Jan…
Headline
More than 5.5 million women live in counties with no or limited access to maternity care services, due to recent hospital closures and obstetric service…
Headline
In a new AHA video, Daryl Tol, former CEO of AdventHealth Central Florida, speaks on his personal struggle with anxiety and why health care leadership must…
Headline
The Centers for Disease Control and Prevention Sept. 12 released a rural health strategic plan which includes the agency’s key priorities, objectives and…