0938-AU24 202010 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 0938 Centers for Medicare & Medicaid Services CMS 0900 Department of Health and Human Services HHS Treatment of Medicare Part C Days in the Calculation of a Hospital's Medicare Disproportionate Patient Percentage (CMS-1739)

This final rule establishes a policy concerning the treatment of patient days associated with persons enrolled in a Medicare Part C (also known as Medicare Advantage”) plan for purposes of calculating a hospital’s disproportionate patient percentage for cost reporting periods starting before fiscal year (FY) 2014 in response to the ruling in Azar v. Allina Health Services, 139 S. Ct. 1804 (June 3, 2019).

]]> Economically Significant Previously Published in The Unified Agenda Long-Term Actions Yes No Other 42 CFR 412 42 U.S.C. 1395ww (d)(5)(F) Statutory Final 08/06/2023 MMA sec. 902 requires Medicare final rules publish within 3 years of a proposed or interim final rule. Per the CMS notice published December 30, 2004 (69 FR 78442), except for certain Medicare payment regulations and certain other statutorily-mandated regulations, we schedule all Medicare final regulations for publication within the 3-year standardized time limit in the current Unified Agenda. We do not intend to delay publishing a Medicare final regulation for 3 years if we are able to publish it sooner. No NPRM 08/06/2020 85 FR 47723 NPRM Comment Period End 10/05/2020 Final Action 08/00/2023 No None No No No Ing-Jye Cheng Deputy Director, Hospital and Ambulatory Policy Group 0938 Centers for Medicare & Medicaid Services CMS 410 786-4548 ingjye.cheng@cms.hhs.gov Center for Medicare, MS: C4-07-07, 7500 Security Blvd., Baltimore MD 21244