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Judge Denies CMS’s Motions Following AAMC’s Successful Lawsuit

October 25, 2019

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PRESS CONTACTS
Andrew Amari, Hospital Policy and Regulatory Specialist

Judge Rosemary Collyer of the U.S. District Court for the District of Columbia Oct. 21 issued a ruling denying two requests by the Centers for Medicare and Medicaid Services (CMS). This follows the court’s decision to vacate a portion of the calendar year 2019 Outpatient Prospective Payment System (OPPS) final rule that cut payments for evaluation and management (E&M) services provided at off-campus provider-based departments [see Washington Highlights, Sept. 20].

CMS requested in its motion that the court allow the agency first opportunity to develop a remedy without vacating the rule. Alternatively, CMS requested that the court hold off its order for CMS to vacate the rule for 60 days while the agency considers whether to appeal.

In its opinion, the court denied both of the agency’s requests. The decision reiterated that vacating the relevant portions of the rule was the correct remedy and explained that a stay of the order to vacate the ruling was inappropriate. Notably, CMS failed to show that the agency would suffer irreparable harm or any other elements required to show that a stay of the order was necessary. As a result, the court finalized its order to vacate the cuts and have CMS carry out proceedings as originally ordered.

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