In May, CMS released its changes to the CAH Medicare & Medicaid Conditions of Participation. Two revisions took the AHA by surprise, according to the letter. One is a requirement that CAHs must include a member of the medical staff on their governing boards. The other is a rule prohibiting a health system from having a single, integrated medical staff serve more than one hospital.
The AHA claims CMS violated the Administrative Procedure Act, which promotes public participation in the rulemaking process through notice and comment procedures. “CMS did not include either of these changes in the notice of proposed rulemaking issued October 24, 2011,” the letter reads. “As a result, hospitals and other stakeholders had no notice that CMS was considering adopting these revisions and could not adequately comment on them.”
It is urging the agency to “immediately rescind” both requirements.
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