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Credentialing & Peer Review Legal Insider, July 2014
Since CMS finalized its 2-midnight rule in August 2013, the agency has seen unrelenting backlash from hospitals that argue the arbitrary rule complicates care for Medicare beneficiaries by establishing a 2-midnight benchmark for inpatient admissions. Emergency physicians are in the best position to determine if a patient meets the 2-midnight rule, but many resist taking on admitting privileges.
CMS also elected to modify its proposed prohibition on the use of a unified and integrated medical staff for a multihospital system and its member hospitals, allowing each hospital to voluntarily integrate itself into a larger systemwide medical staff. Experts say the much-anticipated changes eliminate burdensome regulations, although many hospitals are waiting for more guidance from CMS.
The U.S. Court of Appeals for the Tenth Circuit affirmed a district court's decision to award more than $700,000 in attorneys' fees to a hospital, following the dismissal of a lawsuit brought by a physician arising out of the suspension of his medical staff privileges.
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