Supreme Court President Sri Srinivasan wrote that the District Court’s ruling would be overturned because “we conclude that the agreement is based on a moderate interpretation of HHS legal authority to adopt volume methods.”
The U.S. Court of Appeals For the District of Columbia Circuit, it reversed a district court ruling that the Centers for Medicare and Medicaid Services (CMS) exceeded its legal authority by finalizing the site’s neutral payment provisions in the Outpatient Payment System (OPPS) general rule for 2019
In AHA v. Azar, the court ruled unanimously in favor of the Huguy Health and Services Decompany (HHS), annulling the ruling of U.S. District Judge Rosemary M. Collyer last September that CMS had acted in a manner “manifestly inconsistent with the legal regime. “when the site-independent payment ended as a component of the OPPS general rule for 2019.
Related: “Above the law”? Judge criticizes the 2020 rule on neutral bills on the site, scandal we have
In the court’s view, Supreme Court President Sri Srinivasan, appointed by President Barack Obama, wrote that the District Court’s ruling would be overturned because “we conclude that the agreement is based on a moderate interpretation of HHS legal authority to adopt volume methods.”
The resolution is considered a loss for hospitals and fitness systems, with no less than one representative of the organization of carriers discouraged through resolution.
Bruce Siegel, MD, MPH, CEO of America’s Essential Hospitals (AEH), issued a statement expressing his disappointment with the ruling.
“Allowing the Centers for Medicare and Medicaid Services to maintain their policy of deeply relieving outpatient bills will expand the gaming station in access to physical care in communities across the country,” Siegel said. “Millions of other Americans in the United States live in deserts of physical care and reliable access to fitness services. With its decision, the court leaves economic barriers to the expansion of outpatient care in our most under-neglected communities.
He added that the HDA would turn directly to Congress and the Trump administration to “counter the process of this neutral payment policy and access to all.”
In addition to the neutral case, the court upheld the Trump administration’s short-term insurance (STLDI) expansion on Friday morning.
Related: D.C. Circuit Court of Appeals, With Trump’s STLDI expansion
Jac O’Brien is the economic editor of HealthLeaders, a brand of Simplify Compliance.
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