HHS Delays UPL Reduction
March 15, 2002 - The Department of Health and Human
Services (HHS) announced March 12 that the rule reducing the
Medicaid 150 percent upper payment limit (UPL), scheduled
to go into effect March 19, will be delayed until April 15.
Part of the lawsuit filed by the AAMC, American Hospital Association
(AHA), and National Association of Public Hospitals (NAPH)
on March 7 argued that the March 19 date was in violation
of the Congressional Review Act (CRA) [see
Washington Highlights, March 8]. According to the
CRA, the effective date of a regulation can be no earlier
than 60 days after a final rule is published in the Federal
Register or a report is submitted to Congress, whichever comes
later. HHS conceded that the rule reducing the UPL was not
submitted to Congress until late February. A formal announcement
of the delay will be printed in the Federal Register in the
near future. The AAMC and hospital groups continue to push
for a permanent injunction against implementation of the rule.
Information:
Ivy Baer, Director & Regulatory Counsel
AAMC Health Care Affairs
ibaer@aamc.orc
(202) 828-0490
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