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Government Affairs Home > Washington Highlights > March 7, 2003

Medicare Outlier Rule Published

March 7, 2003 - The Centers for Medicare and Medicaid Services (CMS) March 5 published in the Federal Register [68 FR 10420] a proposed rule that would modify the methodology for Medicare outlier payments. Outlier payments help offset some of the financial losses hospitals incur when treating high-cost patients.

The proposed rule would modify the outlier payment methodology to address what CMS believes has been a "gaming" of the outlier system which has led to larger than expected outlier payments over the last several years. If finalized, the rule would require the use of more recent cost-to-charge ratios (CCRs), which are used to calculate per case costs for purposes of determining whether a case qualifies for outlier payments. The rule also would require a new "reconciliation" process that would require hospitals to return excess outlier payments if it is later determined that their per case costs were less than what was calculated at the time the outlier payment was made. Finally, the proposed rule would eliminate the use of statewide CCRs for hospitals with extremely low CCRs. Statewide averages have been viewed as one of the "gaming" tools by hospitals seeking to increase their outlier payments.

Comments on the proposed rule are due by April 4.

Information:
Karen Fisher, Senior Associate Vice President
AAMC Health Care Affairs
kfisher@aamc.org
(202) 862-6140

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