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RuleSignificant2024-231952024-10-15

Medicare Program: Appeal Rights for Certain Changes in Patient Status

Health and Human Services Department, Centers for Medicare & Medicaid Services

Abstract

This final rule implements an order from the Federal district court for the District of Connecticut in Alexander v. Azar that requires HHS to establish appeals processes for certain Medicare beneficiaries who are initially admitted as hospital inpatients but are subsequently reclassified as outpatients receiving observation services during their hospital stay and meet other eligibility criteria.

Action & Dates

Action
Final rule.
Dates
These regulations are effective on October 11, 2024.
Effective Date
2024-10-11

CFR References

Topics

Administrative practice and procedureDiseasesGrant programs-healthHealth careHealth facilitiesHealth professionsHealth recordsMedical devicesMedicarePeer Review Organizations (PRO)PenaltiesPrivacyReporting and recordkeeping requirementsRural areasX-rays

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Health and Human Services Centers for Medicare & Medicaid Services 42 CFR Parts 405, 476, and 489 [CMS-4204-F] RIN 0938-AV16 ( printed page 83240) AGENCY: Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS). ACTION: Final rule. SUMMARY: This final rule implements an order from the Federal district court for the District of Connecticut in Alexander v. Azar that requires HHS to establish appeals processes for certain Medicare beneficiaries who are initially admitted as hospital inpatients but are subsequently reclassified as outpatients receiving observation services during their hospital stay and meet other eligibility criteria. DATES: These regulations are effective on October 11, 2024. FOR FURTHER INFORMATION CONTACT: David Danek, david.danek@cms.hhs.gov , for issues related to the retrospective process. Janet Miller, janet.miller@cms.hhs.gov , for issues related to the prospective process. Shaheen Halim, shaheen.halim@cms.hhs.gov for issues related to Quality Improvement Organization review. SUPPLEMENTARY INFORMATION: I. Executive Summary The purpose of this final rule is to establish appeals processes to comply with a court order issued in the case Alexander v. Azar, 613 F. Supp. 3d 559 (D. Conn. 2020), aff'd sub nom., Barrows v. Becerra, 24 F.4th 116 (2d Cir. 2022). The processes will apply to certain Medicare beneficiaries who are initially admitted as hospital inpatients but are subsequently reclassified as

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Full Document

Citation: 89 FR 83240