Congress should address any statutory constraints that prevent the Centers for Medicare & Medicaid Services and Department of Health and Human Services from adequately helping hospitals and other health care providers impacted by the Change Healthcare cyberattack, AHA said a letter submitted to the House Ways and Means Committee for a hearing March 20 with HHS Secretary Xavier Becerra on fiscal year 2025 funding for HHS.  

“The Administration has limited tools available, particularly because, unlike with COVID-19, the government is not operating under a declared Public Health Emergency and National Emergency,” AHA wrote. “While CMS has offered [accelerated and advance payments], the agency only has authority to do so for limited time periods and amounts and with very high interest rates after repayments are due. 

“We also urge Congress to put forward policies that would alleviate administrative requirements imposed by payers, including Medicare Advantage and other commercial payers. Without relief from these payers in the form of waivers of prior authorization and timely filing requirements, not to mention additional advance payment, providers, including hospitals and health systems, will likely see significant denials of care as a result of the shutdown of Change Healthcare.”

A bipartisan group of 96 House members March 19 asked Becerra to clarify whether CMS has the statutory or regulatory authority to provide more flexible repayment terms to Part B health care providers that receive advance payments due to the Change Healthcare attack.

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