Despite heated opposition from several healthcare industry groups, the controversial two-midnight rule goes into effect tomorrow, creating new economic challenges for hospitals and health systems.
Issued by the Centers for Medicaid & Medicare on August 2, the rule states that if a patient is in the hospital for a stay that does not span at least two midnights, "the services are generally inappropriate for payment under Medicare Part A, regardless of the hour the patient came to the hospital or whether the patient used a bed."
Hospitals have been vocal in their opposition to the rule and, last week, 105 members of the House of Representatives sent a letter to CMS requesting a delay of its implementation. Although CMS is still moving forward to execute the rule as planned, it announced on Thursday that it will not allow recovery audit contractors to question the medical necessity of stays of one midnight or less from October 1 through December 31, thus giving hospitals three months to educate clinicians before the rule is enforced.
According to the new rule, providers will be reimbursed under Medicare Part B unless a patient is hospitalized for two nights or more. That's of great concern to hospital finance executives, who believe the rule will result in reduced reimbursements and unhappy patients, who will be responsible for a greater share of the bill. Medicare patients on observation status are typically responsible for a 20% co-pay and do not receive coverage for some medications administered in the hospital or for post-acute care.