Original story posted on: December 14, 2012

AHA Lodges Motion for Summary Judgment Against CMS

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In a two-pronged strategy, the American Hospital Association and its five hospital co-plaintiffs filed a motion Thursday for a summary judgment against the Department of Health and Human Services (HHS) while petitioning the court to expedite its lawsuit to overrule the Centers for Medicare & Medicaid Services’ nonpayment policy.

“The (P)laintiffs seek an expeditious resolutions of their claims because, they, and the rest of the nation’s hospitals, are being harmed on an ongoing basis by an arbitrary government policy,” the request states.

The proposed motion for a summary judgment against HHS states that this action seeks to “end a set of unlawful government practices that have deprived hospitals of Medicare reimbursement for hundreds of millions of dollars’ worth of care provided to Medicare beneficiaries.”

“The AHA should be applauded for their action,” Andrew Wachler told RACmonitor. “Strategically this is the right approach and I view this as a positive development.”

The lawsuit, filed Nov. 1, 2012, challenges HHS’ refusal to reimburse hospitals for what the AHA stated was “reasonable and necessary care” that recovery audit contractors later decided could have been provided in an outpatient setting.

For more information:

Plaintiff's Motion for an Expedited Status Conference

Plaintiff's Proposed Motion for Summary Judgment

AHA Sues HHS for Unfair Medicare Practices

Chuck Buck

Chuck Buck is the publisher of RACmonitor and is the program host and executive producer of Monitor Monday.

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