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HHS/CMS RIN: 0938-AU24 Publication ID: Spring 2020 
Title: ●Treatment of Medicare Part C Days in the Calculation of a Hospital's Medicare Disproportionate Patient Percentage (CMS-1739) 

In Azar v Allina Health Services, the United States Supreme court vacated CMS policy regarding the treatment of days associated with patients enrolled in Medicare Part C for purposes of calculating a hospital’s disproportionate patient percentage. This proposed rule addresses the policy that was vacated by the Supreme Court for the historical time period when it was in effect.

Agency: Department of Health and Human Services(HHS)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 42 CFR 412   
Legal Authority: 42 U.S.C. 1395ww (d)(5)(F)   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Ing-Jye Cheng
Deputy Director, Hospital and Ambulatory Policy Group
Department of Health and Human Services
Centers for Medicare & Medicaid Services
Center for Medicare, MS: C4-07-07, 7500 Security Blvd.,
Baltimore, MD 21244
Phone:410 786-4548