CMS Surreptitiously Proposes to Amend the Two-Midnight Rule Before the Fourth of July Weekend

    View Authors July 2015

    Like an episode of The West Wing, CMS followed the venerable tradition of announcing “bad news” before the start of a long holiday weekend. On June 29 we predicted, in our Triage Health Law Blog, that the Medicare Payment Advisory Commission’s (MedPAC) June Report would be the final straw to pressure CMS to amend its controversial Two-Midnight Rule.

    Two days later, on July 1, CMS succumbed to that pressure by proposing changes to the Rule in the CY 2016 OPPS proposed rule.