In September 2017, the Centers for Medicare & Medicaid Services (CMS) released a Survey and Certification memo which created interpretive guidelines for compliance with the statutory requirement that hospitals be “primarily engaged” in providing inpatient care. In this episode, Joe Leahy provides an update on recent enforcement activity stemming from CMS’s application of the statutory requirement and the implications for Medicare-certified hospitals.

For more information on the background of the “primarily engaged” requirement and the interpretive guidelines, please see our prior alert, U.S. District Court Upholds CMS’s Application of the Statutory Requirement that Hospitals Be “Primarily Engaged” in Providing Services to Inpatients.