Co-Location and the Provider-Based Rules – No News is…Good News?

On July 15, the Centers for Medicare & Medicaid Services ("CMS") released the 2023 Outpatient Prospective Payment System proposed rule (“OPPS Proposed Rule”), with notable provisions such as enrollment and payment policies for the newly established “rural emergency hospital” provider type. Also notable is a topic that is not addressed in the OPPS Proposed Rule – co-location. The OPPS Proposed Rule does not include any discussion of, or even nod to, the status of co-location under the Medicare Provider-Based rules. For hospitals attempting to create an effective strategy around colocation and have been riding a rollercoaster of CMS guidance on this topic, the lack of concrete guidance is likely frustrating…but no news may ultimately be good news for hospitals.