Hospitals Challenge Florida's Reimbursement Regulation for Undocumented Immigrants

Eighteen hospitals from the south Florida and Tampa Bay area are challenging a regulation that determines compensation for the treatment of undocumented immigrants in emergency departments, according to a News-Press report.

An administrative judge began hearing arguments yesterday in a case centered on a regulation enacted by Florida's Agency for Health Care Administration in 2010. The hospitals claim that regulation was passed without a formal rule-making process, which is required by law. Consequentially, the hospitals contend the state has wrongly denied claims for Medicaid reimbursement from hospitals that treated undocumented immigrants.

The hospitals are asking the administrative judge to order AHCA to stop implementing the 2010 regulation. Hospital systems fighting the AHCA include South Broward Hospital District in Hollywood, Lee Memorial Health System in Fort Myers and hospitals within Dallas-based Tenet Healthcare and BayCare Health System in Clearwater.

Before 2010, Medicaid payments were made to hospitals when emergency services were deemed medically necessary, but the new regulation granted reimbursement for services only until a patient is considered "stabilized," according to the report. Aside from the alleged administrative errors, healthcare providers said it is an ambiguous standard, according to the report.

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