CMS Releases Final 2019 Outpatient Prospective Payment System Rulemaking, Finalizing Site Neutral Payment Policy for Off-Campus Provider-Based Departments

by King & Spalding

On November 2, 2018, CMS issued the 2018 Hospital Outpatient Prospective Payment System (“OPPS”) Final Rule (“Final Rule”) in which it finalized its proposal to pay the lower Physician Fee Schedule (“PFS”) rate rather than the current OPPS rate for evaluation and management services performed at excepted off-campus provider-based departments (“PBDs”).  CMS did not move forward with its proposal to limit excepted off-campus PBDs to previously provided clinical families of services.  Finally, CMS finalized its proposal to dramatically cut payments rates for 340B drugs furnished at nonexcepted off-campus PBDs.   

Off-Campus Provider-Based Departments and Site Neutral Payments

Under Section 603 of the Bipartisan Budget Act of 2015 (“BBA”), CMS reimburses hospitals for outpatient services provided at certain off-campus PBDs under the PFS, commonly referred to as a “site neutral” payment policy. However, certain off-campus PBDs furnishing services to Medicare beneficiaries prior to November 2, 2015, and freestanding emergency departments were excepted from the payment reductions and continued to be paid the applicable (and higher) OPPS rate.  In the proposed rule, CMS expressed concern that the above policy has incentivized a shift of services to excepted off-campus PBDs in a way that was both clinically unnecessary and more costly.  In the Final Rule, citing authority under Social Security Act § 1833(t)(2)(F), CMS finalized a policy to pay the lower site-neutral PFS payment rate for clinic visit services (HCPCS code G0463) billed with the “PO” claims modifier (now required for all off-campus PBDs of a hospital furnishing outpatient hospitals items and services).  In other words, evaluation and management visits, even when provided in an excepted off-campus PBD, will be paid the lower PFS rate.  This will reduce payments by $70 per visit, and CMS will implement this change without consideration of budget-neutrality (i.e., savings will not be redistributed across Medicare Part B).  CMS will phase in the reduction over a two year period; in 2019, it will only apply 50 percent of the total reduction in payment.  CMS expects this to save $380 million in 2019.  Commenters objected that such moves exceed CMS’s statutory authority; CMS responded that § 1833(t)(2)(F) gives it “broad authority to develop a method for controlling unnecessary increases in the volume of covered outpatient department” services.

CMS also previously expressed concern about the ability of excepted off-campus PBDs to expand the number and types of services furnished (and thus paid under the OPPS), which would purportedly incentivize hospitals to purchase additional physician practices and expand services furnished by their existing excepted off-campus PBDs.  CMS had proposed a policy by which excepted services were limited to the “clinical families of services” for which the off-campus PBD billed and was paid for at least one item/service from November 1, 2014, through November 1, 2015.  If furnishing a service in a “new” clinical family of service, excepted off-campus PBDs would be paid the PFS rather than OPPS rate under the proposal.  In other words, excepted off-campus PBDs could not expand their services and expect to be paid the higher OPPS rate.  Ultimately, however, CMS declined to adopt this policy in the Final Rule, as it might “pose operational challenges and administrative burden for both CMS and hospitals.”  Therefore, “an excepted off-campus PBD will continue to receive payments under the OPPS in Calendar Year (“CY”) 2019 for all billed items and services that are paid under the OPPS,” regardless of whether it furnished the services/items prior to enactment of BBA § 603.  Nonetheless, CMS will continue to “monitor the expansion of services in excepted off-campus PBDs” and “may propose to adopt a limitation on the expansion of services” in the future.

Application of the 340B Drug Payment Policy to Nonexcepted Off-Campus Provider-Based Departments of a Hospital

Section 340B of the Public Health Service Act allows participating hospitals and other providers to purchase certain covered outpatient drugs (“340B drugs”) at discounted prices from manufacturers.  Generally, covered outpatient drugs are reimbursed at average sales price (“ASP”) plus 6 percent in accordance with sections 1847A and 1842(o)(1)(C) of the Act.  In the CY 2018 OPPS/ASC Final Rule (discussed here), CMS dramatically cut reimbursement for 340B drugs by paying for 340B drugs under the OPPS system at ASP minus 22.5 percent, rather than ASP plus 6 percent.  However, that payment cut applied only to excepted off-campus PBDs.  Sections 1833(t)(1)(B)(v) and (t)(21) of the Act, as amended by BBA § 603, excluded nonexcepted off-campus PBDs from the OPPS and instead made payment “under the applicable payment system” under Medicare Part B.  In other words, because nonexcepted off-campus outpatient PBDs were no longer payable under the OPPS, they were outside the scope of the OPPS payment cuts and could continue to be paid at ASP plus 6 percent.

In this Final Rule, however, CMS finalized its proposal to apply the ASP minus 22.5 percent payment formula to nonexcepted off-campus PBDs.   CMS’s rationale is that the difference in the payment amounts for 340B drugs for excepted off-campus PBDs versus nonexcepted off-campus PBDs purportedly creates a “perverse incentive” for hospitals to move drug administration services for 340B drugs to nonexcepted off-campus PBDs to receive a higher payment amount for these drugs.  Many commenters contended that extending the ASP minus 22.5 percent payment policy to nonexcepted off-campus PBDs would “effectively eviscerate” the 340B program.  CMS disagreed with these comments.

Many commenters also challenged CMS’s legal authority to cut 340B drug payments to nonexcepted off-campus PBDs.  Commenters indicated that Congress, in BBA § 603, did not give CMS the authority to deviate from the default payment rules for 340B drugs under 1847A and 1842(o)(1)(C) of the Act.  CMS responded that it believes the agency has the flexibility to pay for 340B drugs for nonexcepted off-campus PBDs at an amount other than the amount dictated by sections 1842(o)(1)(C) and 1847A of the Act (i.e. ASP plus 6 percent).  CMS cited Section 1833(t)(21)(C) of the Act as its authority to identify the PFS as the “applicable payment system” for 340B drugs instead of under Sections 1847A and 1842(o).

Removal of Quality Measures under Quality Reporting Programs

The Quality Reporting Program is a pay-for-reporting quality program that requires providers to meet certain quality reporting measures.  Failure to meet these measures results in payment reductions e.g., a 2.0 percentage point to the fee schedule increase factor.   The quality measures affected by the Final Rule are highlighted, in part, below.

Hospital Outpatient Quality Reporting (“OQR”) Program

For the CY 2020 payment determination and subsequent years, CMS finalized its proposal to remove the OP-27: Influenza Vaccination Coverage Among Healthcare Personnel measure.  For the other nine measures proposed for removal, beginning with the CY 2021 payment determination and subsequent years, CMS has removed seven measures:

  • OP-5: Median Time to ECG;
  • OP-9: Mammography Follow-up Rates;
  • OP-11: Thorax CT Use of Contrast Material;
  • OP-12: The Ability for Providers with HIT to Receive Laboratory Data Electronically Directly into Their Qualified/Certified EHR System as Discrete Searchable Data;
  • OP-14: Simultaneous Use of Brain Computed Tomography (CT) and Sinus CT;
  • OP-17: Tracking Clinical Results between Visits; and
  • OP-30: Endoscopy/Polyp Surveillance: Colonoscopy Interval for Patients with a History of Adenomatous Polyps - Avoidance of Inappropriate Use.

CMS did not remove OP-29, Endoscopy/Polyp Surveillance: Appropriate Follow-up Interval for Normal Colonoscopy in Average Risk Patients or OP-31: Cataracts—Improvement in Patient’s Visual Function within 90 Days Following Cataract Surgery.

Ambulatory Surgical Center Quality Reporting (“ASCQR”) Program

CMS removed the ASC-8: Influenza Vaccination Coverage Among Healthcare Personnel measure.  Beginning with the CY 2021 payment determination and subsequent years, CMS removed the ASC-10: Endoscopy/Polyp Surveillance: Colonoscopy Interval for Patients with a History of Adenomatous Polyps - Avoidance of Inappropriate Use measure.

CMS did not finalize the removal the following ASCQR measures:

  • ASC-9: Endoscopy/Polyp Surveillance Follow-up Interval for Normal Colonoscopy in Average Risk Patients; and
  • ASC-11: Cataracts - Improvement in Patient's Visual Function within 90 Days Following Cataract Surgery.

CMS did not finalize the removal the following ASCQR measures, but is suspending data collection for them until further notice:

  • ASC-1: Patient Burn;
  • ASC-2: Patient Fall;
  • ASC-3: Wrong Site, Wrong Side, Wrong Patient, Wrong Procedure, Wrong Implant; and
  • ASC-4: All-Cause Hospital Transfer/Admission.

PPS-Exempt Cancer Hospital Quality Reporting (“PCHQR”) Program

CMS announced that it would defer a final decision on its proposed removal of two measures in order to conduct additional data analyses to assess measure performance based on new information provided by the Centers for Disease Control and Prevention.  Therefore, CMS is not removing Catheter-Associated Urinary Tract Infection Outcome Measure (CAUTI) (NQF #0138) and Central Line-Associated Bloodstream Infection Outcome Measure (CLABSI) (NQF #0139).

Additional Key Takeaways

Other key takeaways from the Final Rule include:

  • 2019 Rates:  CMS will increase OPPS rates by 1.35 percent for CY 2019.  This includes a market basket increase of 2.9 percent, a negative 0.8 percent adjustment for multi-factor productivity, and a 0.75 percent point adjustment as required by the Affordable Care Act.  Altogether, CMS anticipates increasing OPPS payment by approximately $5.8 billion over what it paid in CY 2018.  ASC payment rates will increase by 2.1 percent, which also includes a market basket increase of 2.9 percent and a negative multi-factor productivity adjustment as required by the Affordable Care Act of 0.8 percent.  Altogether, ASC payments will increase by approximately $200 million over last year.
  • C-APCs:  CMS is adding three new comprehensive APCs, which packaged payment for “adjunctive and secondary items, services, and procedures into the most costly primary procedure under the OPPS” starting in 2015.  The new C-APCs effective CY 2019 are C-APC 5163 (Level 3 ENT Procedures; ENTXX clinical family), C-APC 5183 (Level 3 Vascular Procedures; VASCX clinical family), and C-APC 5184 (Level 4 Vascular Procedures; VASCX clinical family), bringing the total C-APCs to 65.
  • New Technology APC:  CMS is finalizing a “smoothing methodology” policy for New Technology Ambulatory Payment Classifications (“APCs”) with fewer than 100 OPPS claims, allowing the agency to use up to 4 years of claims data (instead of only two) to establish the payment rate.  These APCs are typically new procedures lacking sufficient claims history to establish accurate payment and assignment to a clinical APC.  New Technology APCs are also excluded from bundling under the C-APC procedures.
  • Inpatient Only:  CMS is removing four procedures from the inpatient-only list (Current Procedural Terminology (“CPT”) Code 31241, nasal/sinus endoscopy, surgical, with ligation of sphenopalatine artery; CPT Code 01402, anesthesia procedure on the knee and popliteal area; CPT 0266T, implantation or replacement of carotid sinus baroreflect activation device; and CPT 00670, anesthesia for extensive spine and spinal cord procedures).  CMS is also adding one inpatient-only procedure:  CPT C9606, percutaneous transluminal revascularization of acute total/subtotal occlusion during acute myocardial infarction, coronary artery or coronary artery bypass graft.
  • ASC Covered Surgical Procedures:  CMS is revising the definition of “surgery” in the ASC payment system to allow certain “surgery-like” procedures.  Specifically, CMS will include any procedure described with the Category 1 CPT codes that the AMA defines as surgery (CPT codes 10000 through 69999), as well as procedures described by Level II HCPSC codes or Category I/Category III CPT codes “that directly crosswalk or are clinically similar to procedures in the CPT surgical range” that do not pose significant risk when performed in the ASC, do not typically require an overnight stay, and are separately paid under the OPPS.  This new policy results in CMS adding 17 new cardiovascular codes to the ASC Covered Procedure List (CPT codes 93451, 93452, 93453, 93454, 93455, 93456, 93457, 93458, 93459, 93460, 93461, 93462, 93566, 93567, 93568, 93571, and 93572).
  • Non-Opioid Pain Management:  In part a response to the President’s Commission on Combating Drug Addiction and the Opioid Crisis, CMS is changing the packaging policy for non-opioid pain management drugs when functioning in as a supply in a surgical procedure, administered in the ASC setting.  Under the Final Rule, CMS will unpackage the ASC payment for such drugs and pay separately as ASP plus 6 percent to encourage their use over prescription opioids.  No such changes were made in the hospital setting for payments under the OPPS, though CMS will continue to consider whether unpackaging is appropriate in future rulemaking.
  • Pain Communication Survey Questions:  CMS will remove the Communication About Pain questions from the Hospital Consumer Assessment of Healthcare Providers and Systems, a patient satisfaction survey required to be given to inpatients that feeds into the Hospital inpatient quality reporting (“IQR”) program.  The questions asked whether patients were in pain, how often hospital staff discussed their pain with them, and how often staff discussed pain treatment, and commenters expressed concern that such questions (though revised in prior years) placed pressure of staff to prescribe more opioids to achieve higher scores.  The removal will be effective with October 2019 discharges for FY 2021 payment determinations onward.
  • Partial Hospitalization Program (“PHP”)After applying certain trims, exclusions, and adjustments, CMS finalized a PHP APC geometric meant per diem cost at $121.62 for all Community Mental Health Centers providing more than three services per day.  This is a fifteen percent decrease from 2018.  Hospital-based PHPs are paid at $222.76 per day, an increase over 2018.

The agency’s press release is available here; the fact sheet is available here; the full text of the Final Rule is available here.  It is scheduled to be published in the Federal Register on November 21, 2018.

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.

© King & Spalding | Attorney Advertising

Written by:

King & Spalding

King & Spalding on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.