MHA Monday Report Aug. 29, 2022

MHA Monday Report

Behavioral Health Legislation Introduced in State House

capitol building

New legislation to make changes to the screening process for potential admission to inpatient psychiatric care for behavioral and mental health patients was introduced Aug. 17 in the Michigan House of Representatives. Rep. Graham Filler …

Court of Appeals Rules for Providers in ANF Case

CMS Releases FY 2023 Final Rule to Update Skilled Nursing Facilities PPS

CMS Wage Data Revisions Due Sept. 2

Member Feedback Requested on Proposed Telemedicine Policy

Paul KeckleyThe Keckley Report

Game On: FTC Takes on Hospital Consolidation via COPA Dismantling

“The Federal Trade Commission (FTC) issued a scathing 20-page report last Monday criticizing hospital Certificate of Public Advantage (COPA) agreements and urging state lawmakers to suspend their use. …

The FTC has its sights on hospital consolidation: it’s high on the list of industries where its activist’ muscle is likely to be flexed more frequently and effectively. … Like strong bipartisan support for the Hospital Price Transparency Rule, it reflects the FTC’s rejection of hospital claims about inadequate reimbursement by payers including Medicare and Medicaid, price gauging by device, drug and technology suppliers and unfair competition from insurers and niche providers often funded by private investment to optimize profits at the expense of hospitals.

And it offers a solution that’s strong on populist appeal but weak on practical implementation in the current hospital environment: competition vs. consolidation. Regulatory Constraints on hospitals like EMTALA and others are not applied to insurers and retailers who offer a widening range of care management services in direct competition with hospitals. The playing field is increasingly tilted against hospitals.

Paul Keckley, August 22, 2022

News to Know

MHA in the News

MHA CEO Brian Peters

CMS Wage Data Revisions Due Sept. 2

Hospitals are encouraged to review their preliminary wage and occupational mix data released May 23 by the Centers for Medicare and Medicaid Services (CMS) and submit any requests for changes to their Medicare Administrative Contractor by Sept. 2 since no new requests for changes will be accepted after that date.

This data is being used by the CMS to develop the fiscal year (FY) 2024 Medicare wage index which will be used to adjust up to nearly 70% of the payment amount across Medicare prospective payment systems including inpatient, outpatient and post-acute care settings effective Oct. 1, 2023. To assist hospitals in reviewing their data, the MHA distributed hospital-specific reports that included comparisons to the previous two years and to that of other hospitals in their core-based statistical area. Materials and a recording of the MHA’s educational webinar held June 29 are available upon request by contacting Crystal Mitchell at the MHA.

Hospitals are also reminded that applications for Medicare geographic reclassifications are due Sept. 1 to the Medicare Geographic Classification Review Board (MGCRB). Applications approved by the MGCRB are valid for three years, FY 2024 -2026, and can be withdrawn if needed. Applications, instructions and other information regarding hospital wage index reclassifications are available on the CMS website.

Members with other questions regarding the Medicare wage index or geographic reclassification process should contact Vickie Kunz at the MHA.