Bill to Address Issues with Two-Midnight Rule

King & Spalding

On March 6, Senators Robert Menendez (D-NJ) and Deb Fisher (R-NE) introduced S. 2082, the Two-Midnight Rule Coordination and Improvement Act of 2014, to remedy several issues with the two-midnight rule. 

The bill directs the Secretary to develop criteria for short inpatient hospital stays in consultation with hospitals, physicians, and other experts.  The bill also requires the Secretary to develop a payment methodology for these short inpatient stays.  According to the sponsors, the bill “codifies the enforcement delays CMS has already imposed” and would therefore prohibit the Secretary from enforcing provisions of the two-midnight rule for admissions occurring before October 1, 2014. 

The bill is supported by the American Hospital Association, the Nebraska Hospital Association, the New Jersey Hospital Association, the Greater New York Hospital Association, America’s Essential Hospitals, and the Association of American Medical Colleges.  Bill text can be found here.      

Reporter, Allison Kassir, Washington, D.C., +1 202 626 5600,

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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