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HHS/CMS | RIN: 0938-AU24 | Publication ID: Spring 2023 |
Title: Treatment of Medicare Part C Days in the Calculation of a Hospital's Medicare Disproportionate Patient Percentage (CMS-1739) | |
Abstract:
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). |
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Agency: Department of Health and Human Services(HHS) | Priority: Section 3(f)(1) Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: Yes | Unfunded Mandates: No |
CFR Citation: 42 CFR 412 | |
Legal Authority: 42 U.S.C. 1395ww (d)(5)(F) |
Legal Deadline:
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Overall Description of Deadline: 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. |
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Timetable:
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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: Donald Thompson Director, Division of Acute Care Department of Health and Human Services Centers for Medicare & Medicaid Services C4-10-26, Center for Medicare, MS: C4-01-26, 7500 Security Boulevard, Baltimore, MD 21244 Phone:410 786-6504 Email: donald.thompson@cms.hhs.gov |