LITIGATION UPDATE (Beneficiary Appeals of Observation Status). In November 2011, the Center for Medicare Advocacy and Justice in Aging filed a proposed class action lawsuit on behalf of individuals who have been denied Medicare Part A coverage … [Read more...] about Issue Brief – March 2022 – Litigation Update Including Observation Status, Off label Drugs & Other Issues
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Court Upholds Right to Appeal for Certain Medicare Beneficiaries on “Observation Status”
On January 25, 2022, a federal appeals court decided that Medicare must provide appeal procedures for hospitalized beneficiaries who are reclassified from inpatients to “outpatients” receiving “observation services.” The observation designation can … [Read more...] about Court Upholds Right to Appeal for Certain Medicare Beneficiaries on “Observation Status”
Court Upholds Right to Appeal for Certain Medicare Patients on “Observation Status”
A federal appeals court has decided that Medicare must provide appeal procedures for hospitalized beneficiaries who are reclassified from inpatients to “outpatients” receiving “observation services,” a designation that can have severe ramifications. … [Read more...] about Court Upholds Right to Appeal for Certain Medicare Patients on “Observation Status”
HHS Inspector General Calls on CMS to Address Medicare Observation Status
In an annual report, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) identifies 25 top recommendations that it made in prior years about HHS programs that HHS has not implemented. This year’s report on Top … [Read more...] about HHS Inspector General Calls on CMS to Address Medicare Observation Status
Appeals Court Temporarily Pauses Implementation of Observation Status Decision While Considering Government’s Request for a Stay
In March 2020, a nationwide class of hospitalized Medicare beneficiaries who were reclassified from inpatients to “outpatients,” receiving “observation services,” won the right to appeal their designation, which can have severe ramifications for … [Read more...] about Appeals Court Temporarily Pauses Implementation of Observation Status Decision While Considering Government’s Request for a Stay
Hospital Readmissions Reduction Program Misses Nearly 20% of Hospital Stays in “Observation Status”
Since 2012, the federal Hospital Readmissions Reduction Program (HRRP) has reduced payments to acute care hospitals that readmit patients with certain medical conditions to inpatient status within 30 days of their discharge from the hospital. A … [Read more...] about Hospital Readmissions Reduction Program Misses Nearly 20% of Hospital Stays in “Observation Status”
Senators Introduce Bipartisan Observation Status Bill to Help Vulnerable Medicare Beneficiaries
The Improving Access to Medicare Coverage Act, S. 2048, introduced by a bipartisan group of Senators this week, led by Senators Sherrod Brown (D-OH), Susan Collins (R-ME), Sheldon Whitehouse (D-RI), and Shelley Moore Capito (R-WV). The bill allows … [Read more...] about Senators Introduce Bipartisan Observation Status Bill to Help Vulnerable Medicare Beneficiaries
Observation Status Bill Reintroduced
Congressman Joe Courtney (D-CT) leads a bipartisan group of Members of Congress to introduce legislation to count time spent by a patient in a hospital under outpatient “observation status” towards satisfying the three-day inpatient hospital stay … [Read more...] about Observation Status Bill Reintroduced
Government Seeks to Stop Implementation of Court Order in Hospital Observation Status Case
Over 10 months ago, in March 2020, a federal district court issued an order in Alexander v. Azar stating that the Centers for Medicare & Medicaid Services (CMS) must permit certain Medicare beneficiaries to appeal the denial of their Part A … [Read more...] about Government Seeks to Stop Implementation of Court Order in Hospital Observation Status Case
“Observation Status” May Disproportionately Burden Medicare Beneficiaries in the Most Vulnerable Neighborhoods
A new study shows that the consequences of “observation status” may disproportionately burden Medicare beneficiaries in neighborhoods with high levels of socioeconomic deprivation. When hospitalized patients are labeled in observation status they … [Read more...] about “Observation Status” May Disproportionately Burden Medicare Beneficiaries in the Most Vulnerable Neighborhoods