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University of Georgia School of Law

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Two-Midnight Rule

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Cms’ Proposed Changes To The Two-Midnight Rule: Partial Restoration Of Medical Judgment, Elizabeth Weeks Leonard Sep 2015

Cms’ Proposed Changes To The Two-Midnight Rule: Partial Restoration Of Medical Judgment, Elizabeth Weeks Leonard

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On July 1, 2015, the Centers for Medicare and Medicaid Services (CMS) announced proposed changes to the controversial Two-Midnight Rule. This payment rule clarifies the circumstances under which Medicare will consider a given hospital stay to be an inpatient service (and therefore reimbursable at a higher rate under Medicare Part A), versus an outpatient service (and therefore reimbursable at a lower rate under Part B). From the Health Affairs Blog, September 1, 2015.