CMS's final "clarification" of the definition of Medicaid
Outpatient Hospital Services (OHS) published November 7, 2008 (effective December 8, 2008) substantially changed
the definition of Medicaid OHS and faced substantial opposition from, among others, the American Hospital Association (AHA). Congress, in response to the
strong opposition to the "clarification," blocked CMS from implementing that
final rule. Section 5003(c) of the American Recovery and Reinvestment Act
(ARRA) precluded CMS from taking any action to implement the final clarification. Thomas W. Coons and Joshua J. Freemire of Ober|Kaler discuss.
Please see full publication below for more information.