The AHA along with the Federation of American Hospitals, America’s Essential Hospitals and the Association of American Medical Colleges July 29 filed an amicus brief in the U.S. Court of Appeals for the District of Columbia in support of hospitals’ continued right to seek immediate review of any Centers for Medicare & Medicaid Services determination that could impact Medicare payments for providers. These determinations include those made under CMS’ disproportionate share hospital formula, which can have profound impacts on hospitals’ Medicare payment amounts even with minimal adjustments, and for which a months- or yearslong process to correct mistakes could have substantial and even irreparable consequences.  
 
Congress granted providers the ability to immediately challenge final determinations governing future payments when it enacted Medicare’s current prospective payment system, but CMS has since sought to arbitrarily narrow the category of determinations considered final, effectively insulating its decision making from review. As the brief makes clear, this effort by the government is untenable for hospitals. "Hospitals seeking to preserve their rights in the face of the government’s indeterminate reviewability test should not be forced to risk violating agency rules or be left relying on administrative grace," the brief states. "They should be able to take a statutory provision specifically designed to make immediate review broadly available at its word." 
 
The AHA, Federation, AEH and AAMC urged the D.C. Circuit to consider the vast potential consequences of the government’s shift for American hospitals both in the DSH context and beyond it. "At minimum, its approach compounds the complexity of an already-byzantine administrative apparatus and needlessly increases uncertainty," the brief notes. "Congress did not intend any of this. It enacted a simple provision that broadly allows hospitals to seek immediate review of any final CMS determination that reduces the payment amounts they will receive — including the DSH adjustment. This Court should give effect to Congress’s judgment and affirm."

Headline
The Centers for Medicare & Medicaid Services Nov. 5 published a final rule to codify the Medicare Drug Price Negotiation Program beginning in 2029. The…
Headline
The estimated average monthly premium for Medicare Part D stand-alone prescription drug plans is $51 for 2027, a 50% increase from $34 in 2026, for enrollees…
Headline
The Centers for Medicare & Medicaid Services Nov. 4 released the calendar year 2027 home health prospective payment system final rule, which also includes…
Headline
The Centers for Medicare & Medicaid Services Nov. 4 issued a final rule that increases Medicare hospital outpatient prospective payment system rates by a…
Headline
The Centers for Medicare & Medicaid Services released a proposed rule Oct. 16 seeking to codify regulations that will improve the accuracy of Medicare…
Headline
The Centers for Medicare & Medicaid Services announced that it will exercise enforcement discretion for inpatient rehabilitation facility admissions from…