Eight national hospital associations are urging CMS to revise a statement in its drug acquisition cost survey, saying the language in one of its frequently asked questions misleadingly implies hospitals are required to respond.
In a Jan. 12 letter, the groups said it is “wrong to tell hospitals and health systems that they ‘are to’ complete” the Outpatient Prospective Payment System Drug Acquisition Cost Survey. The FAQ states that “all such hospitals are to respond to the survey,” referring to facilities paid under OPPS between July 1, 2024, and June 30, 2025.
The letter cites CMS’ final rule for 2026, which clarified that Section 1833(t)(14)(D) of the Social Security Act “does not itself mandate specific consequences … on hospitals for failing to respond to that survey.” The groups said the FAQ contradicts that position and called for it to be corrected.
The organizations also raised concerns about the administrative burden of the survey, arguing that without any statutory penalty, hospitals may choose not to participate.
The letter was signed by the American Hospital Association, America’s Essential Hospitals, the American Society of Health-System Pharmacists, the Association of American Medical Colleges, the Catholic Health Association, the Children’s Hospital Association, the National Rural Health Association and 340B Health.
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