Implementing the site-neutral provisions of the Bipartisan Budget Act on Jan. 1 would raise significant compliance risks under the Stark law and the Anti-kickback statute, AHA told the Centers for Medicare & Medicaid Services today, citing a legal analysis of the agency’s proposal by Hogan Lovells. “Because CMS cannot finalize its proposal without forcing impacted hospitals to accept significant compliance risk, it must delay the implementation of the site-neutral policies in the proposed rule by at least one year,” wrote AHA Executive Vice President Tom Nickels. “This delay would provide the time necessary for CMS to develop a fair and flexible payment policy under which hospitals would be able to receive direct payment for their non-excepted [hospital outpatient departments] and for non-excepted items and services that they furnish in excepted HOPDs.” The site-neutral proposal was included in the outpatient prospective payment system proposed rule for calendar year 2017. AHA plans to submit detailed comments on the rule’s site-neutral and other proposals in a separate letter to the agency.

Related News Articles

Headline
The Centers for Medicare…
Headline
Commenting today on the Medicare Payment Advisory Commission’s draft recommendations for 2020, AHA said it supports the recommendation to provide current law…
Perspective
We’re 11 days into 2019 … we’ve returned to a divided government …and the partial government shutdown continues.
Blog
Headline
The AHA, jointly filed a lawsuit against the Department of Health and Human Services for finalizing a policy to phase-in a reduction in payments for hospital…
Headline
The Centers for Medicare & Medicaid Services will discuss its updated price transparency guidelines for hospitals during a Nov. 13 Open Door Forum.