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Data / Federal rules / 2024-15087

Medicare and Medicaid Programs: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems; Quality Reporting Programs, Including the Hospital Inpatient Quality Reporting Program; Health and Safety Standards for Obstetrical Services in Hospitals and Critical Access Hospitals; Prior Authorization; Requests for Information; Medicaid and CHIP Continuous Eligibility; Medicaid Clinic Services Four Walls Exceptions; Individuals Currently or Formerly in Custody of Penal Authorities; Revision to Medicare Special Enrollment Period for Formerly Incarcerated Individuals; and All-Inclusive Rate Add-On Payment for High-Cost Drugs Provided by Indian Health Service and Tribal Facilities

The Centers for Medicare & Medicaid Services published this proposed rule in the Federal Register on July 22, 2024. Comments closed on September 9, 2024.

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What the agency says

This proposed rule would revise the Medicare hospital Outpatient Prospective Payment System (OPPS) and the Medicare Ambulatory Surgical Center (ASC) payment system for calendar year 2025 based on our continuing experience with these systems. In this proposed rule, we describe the changes to the amounts and factors used to determine the payment rates for Medicare services paid under the OPPS and those paid under the ASC payment system. Also, this proposed rule would update and refine the requirements for the Hospital Outpatient Quality Reporting Program, Rural Emergency Hospital Quality Reporting Program, Ambulatory Surgical Center Quality Reporting Program, and Hospital Inpatient Quality Reporting Program. This proposed rule would request information on options being considered for future changes to the Overall Hospital Quality Star Rating methodology. The proposed rule would narrow the description of "custody" for purposes of Medicare's no legal obligation to pay payment exclusion. The proposed rule would revise the eligibility requirements in the special enrollment period (SEP) for formerly incarcerated individuals to tie the eligibility for this SEP to the determination made by the Social Security Administration that they are no longer incarcerated for releases that occur on and after January 1, 2025. This rule also proposes to codify the requirement in the Consolidated Appropriations Act, 2023 (CAA, 2023) to provide 12 months of continuous eligibility to children under the age of 19 in Medicaid and CHIP, with limited exceptions. Further, this proposed rule would provide updates to the Conditions of Participation (CoPs) for hospitals and critical access hospitals (CAHs) in an effort to advance the health and safety of pregnant, birthing, and postpartum patients. This rule proposes to separately pay IHS and tribal hospitals for high-cost drugs furnished in hospital outpatient departments through an add-on payment in addition to the AIR under the authorities used to calculate the AIR starting January 1, 2025. This rule also requests further information related to a Tribal Technical Advisory Group request to apply the Indian Health Service encounter rate to all outpatient tribal clinics. Finally, the proposed rule would provide exceptions to the Medicaid clinic services benefit four walls requirement for Indian Health Service and Tribal clinics, and, at state option, for behavioral health clinics and clinics located in rural areas.

Key facts

Document number
2024-15087
Type
Proposed rule
Action
Proposed rule
Agency
Health and Human Services Department; Centers for Medicare & Medicaid Services
Published
July 22, 2024
Comments due
September 9, 2024
Dates
To be assured consideration, comments must be received at one of the addresses provided below, by September 9, 2024.
Docket
CMS-1809-P
Regulation ID (RIN)
0938-AV35
Code of Federal Regulations
42 CFR 406; 42 CFR 407; 42 CFR 410; 42 CFR 411; 42 CFR 416; 42 CFR 419; 42 CFR 435; 42 CFR 440; 42 CFR 457; 42 CFR 482; 42 CFR 485; 45 CFR 180
Topics
Administrative practice and procedure; Aid to Families with Dependent Children; Diseases; Grant programs-health; Health facilities; Health insurance; Health professions; Hospitals; Incorporation by reference; Laboratories; Medicaid; Medicare; Privacy; Reporting and recordkeeping requirements; Rural areas; Supplemental Security Income (SSI); Wages; X-rays
Pages
396

The document on federalregister.gov PDF

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Everything from the Centers for Medicare & Medicaid Services · Rules on administrative practice and procedure · Rules on aid to families with dependent children · Rules on diseases · Published in July 2024

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.