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Tag: DSH

Inpatient Prospective Payment System Final Rule – FFY 2023

On August 10, the Centers for Medicare & Medicaid Services (CMS) published the FFY 2023 IPPS Final Rule (discharges on or after October 1, 2022) in the Federal Register. Toyon is pleased to provide our summary of the Rule, focused on areas directly impacting Medicare cost reporting and reimbursement.  

Please see a breakdown of your hospital’s estimated Federal Fiscal Year (FFY) 2023 IPPS payments here on Toyon’s FFY 2023 Final Rule Dashboard Analysis.


1. National Medicare IPPS Estimates
CMS estimates hospitals will receive an overall change of $1.4 billion in IPPS payments, as compared to FFY 2022. Estimated payments per the FFY 2023 IPPS Final Rule are $1.7 billion higher than the FFY 2023 IPPS Proposed Rule, largely due to the final market basket of 4.3%, which is 1.1% greater than the market basket in the FFY 2023 IPPS Proposed Rule. CMS estimates the $1.4 billion increase in payments as follows:
 
+ $2.4 billion net increase in operating payments, including the -$318 million reduction to UC DSH. 
 
 – $1 billion net decrease in payments related to payment changes in programs for new technology, low volume hospitals, GME, and capital.  

For more information, please contact Fred Fisher at 888.514.9312 or fred.fisher@toyonassociates.com.


2. Standardized Base Rates
CMS proposes a net increase of 3.8% to hospital base rates, after budget neutrality, for hospitals that comply with the CMS quality reporting program (QRP). As it has done in prior years, CMS will reduce payments to those hospitals that do not meet Hospital Inpatient Quality (IQR) or meaningful Electronic Health Record (EHR) requirements. CMS finalized FFY 2023 rates based on fewer projected COVID-19 hospitalizations in FFY 2023 than in base-year data from FFY 2021 (i.e., FFY 2021 MEDPAR data[1]). 
 
[1] Medicare Provider Analysis and Review (MEDPAR): Data on Medicare beneficiaries using hospital inpatient services at https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/MedicareFeeforSvcPartsAB/MEDPAR

For more information, please contact Scott Besler at 888.514.9312 or scott.besler@toyonassociates.com.


3.   FFY 2023 DRG Weights and Outlier Cost Threshold
To account for the anticipated decline in COVID-19 hospitalizations of Medicare beneficiaries as compared to FFY 2021 base-year data, CMS calculates DRG relative weights by averaging rates with one set including COVID-19 diagnoses, and the other set excluding COVID-19 diagnoses. CMS also finalizes a permanent threshold for DRG weight changes, whereby the relative weight for a MS-DRG is capped at no more than ten percent reduction in a given fiscal year.
 
The FFY 2023 cost outlier threshold is $38,859 using charge inflation factors prior to the COVID-19 PHE as a more reasonable approximation of the increase in costs that will occur from FFY 2021 to FFY 2023.  
 
For more information, please contact Scott Besler at 888.514.9312 or scott.besler@toyonassociates.com.
 

4.   Uncompensated Care (UC) DSH
CMS proposes to decrease Medicare UC DSH payments by -$221 million, to $7.0 billion in FFY 2023. FFY 2023 UC DSH payments in the Final Rule are $341 million greater than UC DSH payments in the Proposed Rule. This increase is largely attributed to CMS’s estimate of (increased) projected Medicare FFS discharges in 2023. 
 
CMS finalizes a significant change in FFY 2023, applying an average UC cost from FFY 2018 and FFY 2019[1] to determine each DSH hospital’s UC DSH payment (“Factor 3”). For FFY 2024 and forward, CMS will use a three-year average of UC cost (i.e., FFY 2018, FFY 2019 and FFY 2020) to determine each DSH hospital’s Factor 3. 
 
Hospitals have until August 19 to submit comments on the accuracy of the table and supplemental data file published in conjunction with the FFY 2023 Final Rule. Please see CMS’s file entitled “FY 2023 IPPS Final Rule: Medicare DSH Supplemental Data File (ZIP)” at CMS’s FFY 2023 Final Rule website. Providers may contact CMS at Section3133DSH@cms.hhs.gov to request corrections.
 
CMS also finalizes a separate $96 million Supplemental UC DSH fund for Indian Health Service (IHS)/Tribal and Puerto Rico hospitals in FFY 2023. CMS will no longer use low-income days as the Factor 3 proxy for these DSH hospitals. In FFY 2023 IHS/Tribal and Puerto Rico hospitals receive FFY 2023 Supplemental UC DSH payments using FFY 2022 UC DSH payments adjusted by “one plus the percent change” in total uncompensated care. 
 
[1] If a hospital does not have data for combined years, CMS determines Factor 3 based on an average of the hospital’s available data.

For more information, please contact Fred Fisher at 888.514.9312 or fred.fisher@toyonassociates.com.


5.  Empirical DSH
Due to the volume and content of comments received, CMS is not finalizing its proposed treatment of section 1115 demonstration days. In the FFY 2023 IPPS Proposed Rule, CMS suggested:
  • The interpretation of “regarded as eligible” pertained to: Patients who receive health insurance through a section 1115 demonstration itself or purchase such health insurance with premium assistance authorized by a section 1115 demonstration, where state expenditures may be matched with Title XIX funds.
  • Allowable section 1115 days represent claims with insurance coverage with Essential Health Benefits (EHB), if bought with premium assistance, for which the premium assistance is equal to or greater than 90 percent of the cost of the coverage (Patient cannot be entitled to Medicare Part A coverage).
  • Section 1115 days from a State uncompensated care payment are not allowable and excluded from the Medicaid fraction.
For more information, please contact Dylan Chinea at 888.514.9312 or dylan.chinea@toyonassociates.com.
 

6.     Wage Index
The FFY 2023 occupational mix adjusted national average hourly wage is $47.73, representing an increase of 2.9% from FFY 2022 (from FFY 2021 to FFY 2022 the AHW increase was 2.6%). In FFY 2023, CMS finalizes:
For more information, please contact Ryan Sader at 888.514.9312 or ryan.sader@toyonassociates.com.
 

 
7.  Graduate Medical Education (GME)
CMS finalized the change to the cost report formula for calculating Direct GME payments in cases where a hospital’s FTE count exceeds its FTE cap. Under the final rule, if the hospital’s unweighted FTE count exceeds the FTE cap, and the number of weighted FTE residents also exceeds the FTE cap, the respective primary care and OB/GYN weighted FTE counts and other weighted FTE counts are adjusted to make the total weighted FTE count equal to the FTE cap. This change would be effective retroactively for cost reporting periods beginning on or after October 1, 2001. 
 
CMS also finalized a rule to allow urban and rural hospitals that participate in the same separately accredited 1-2 family medicine rural training track (RTT) program[1], that already have RTT FTE limitations, to enter into “Rural Track Medicare GME Affiliation Agreements” for academic years beginning July 1, 2023. Programs that are not separately accredited in the 1-2 format and that are not in family medicine, would not be permitted to enter into these agreements under CMS’s rule.
 
For more information, please contact Tom Hubner at 888.514.9312 or tom.hubner@toyonassociates.com.
 
[1] 1-2 RTT format is 1 year of training in a large, urban residency program followed by 2 years in a rural community.

 
8.  Low-Volume Adjustment Eligibility
For FFY 2023 CMS finalized a low-volume hospital must be more than 25 road miles from another subsection (d) hospital and have less than 200 total discharges during the fiscal year. This proposal reflects an “Expiration of Temporary Changes to Low-Volume Hospital Payment Policy” and reverts back to Section 1886(d)(12)(C)(i) of the Act.  Hospitals have until September 1, 2022 to request low volume status for FFY 2023. 
 
For more information, please contact Robert Howey at 888.514.9312 or robert.howey@toyonassociates.com.
 

 
9.  Medicare Dependent Hospital (MDH) Status Expiration
MDH status expired effective FFY 2023.  The estimated impact to hospital payments is -$600 million. 
MDHs applying for Sole Community Hospital (SCH) status for all of FFY 2023 must apply by September 1, 2022. Qualifying hospitals for SCH status must meet regulations at 42 CFR § 412.92. Per CMS, MDHs applying for SCH status must request that, if approved as an SCH, the SCH status be effective with the expiration of the MDH program (September 30, 2022). If the MDH does not apply by the September 1, 2022 deadline, the hospital is then subject to the usual effective date for SCH classification; which is the date the MAC receives the complete application as specified at § 412.92(b)(2)(i).
 
For more information, please contact Robert Howey at 888.514.9312 or robert.howey@toyonassociates.com.
 

 
10.  Hospital Readmissions Reduction Program (HRRP) Adjustment
CMS finalizes the following for FFY 2023:
  • Resumption of the hospital 30-Day, All-Cause, Risk- Standardized Readmission Rate (RSRR) following Pneumonia Hospitalization measure (NQF #0506) for the FFY 2024 program year;
  • Modification of the Hospital 30-Day, All-Cause, Risk-Standardized Readmission Rate (RSRR) following Pneumonia Hospitalization measure (NQF #0506) to exclude COVID-19 diagnosed patients from the measure denominator, beginning with the Hospital Specific Reports (HSRs) for the FFY 2023 program year; and
  • Modification of all six condition/procedure-specific measures to include a covariate adjustment for patient history of COVID-19 within one year prior to the index admission beginning with the FFY 2023 program year.
 
CMS received public comment on the impact of socially at-risk populations and the readmission program and states this information will be used to inform future policy development. 
 
For more information, please contact Robert Howey at 888.514.9312 or robert.howey@toyonassociates.com
 

 
11.  Value Based Purchasing (VBP) Adjustment
For FFY 2023, CMS will not calculate a Total Performance Score (TPS) for any hospital. To comply with statute on the 2% withhold for VBP, CMS is then adding back the same 2% to suppress VBP scores in FFY 2023. Therefore, there is a $0 net impact of VBP in FFY 2023. 
 
For more information, please contact Robert Howey at 888.514.9312 or robert.howey@toyonassociates.com.
 

 
12.  Hospital Acquired Conditions (HAC) Adjustment
No hospital will receive a HAC adjustment, as CMS is not applying a score from each of the six measurements in the HAC Reduction Program in FFY 2023.
 
For more information, please contact Robert Howey at 888.514.9312 or robert.howey@toyonassociates.com.
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Supreme Court Sides with HHS in Dual Eligible Part A Benefits Case

The Supreme Court on Friday issued the decision in Becerra v. Empire Health Foundation (see pdf file at link). Unfortunately, in a 5-4 decision, the Court overruled the Ninth Circuit’s decision and decided instead for the government, holding that the language “entitled to benefits under Part A” does not exclusively refer to a patient who has a right to payment. This means that the Supreme Court has sided with HHS’s decision to include non-covered Medicare Part A days (such as exhausted benefit days and Medicare Secondary Payer days) in the SSI Ratio of the Medicare DSH payment calculation. 
 
In a prior decision, the Ninth Circuit found for providers in May 2020, holding that HHS was treating the words “entitled” and “eligible” synonymously, in contradiction of statute. In a surprising and somewhat puzzling turn, the Supreme Court has disagreed with the Ninth Circuit’s analysis, settling the issue in favor of HHS.
 
Toyon has been representing many of your interests in appealing the agency’s implementation of the 2005 Rule relating to non-covered Part A days, as providers had consistently held that non-covered Part A days should be excluded from the SSI Fraction and included only in the numerator of the Medicaid Fraction. We are working with our attorneys to determine any potential next steps or strategies that may be available to our clients, in light of this disappointing court decision. We will contact you in the coming weeks as necessary if there is any further opportunity to pursue this issue. 
 
In the meantime, please contact Karen S. Kim at (925) 685-9312 or at karen.kim@toyonassociates.com if you have any questions. 
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FFY 2023 IPPS PROPOSED RULE COMMENTS DUE JUNE 17, 5 PM EDT

This Friday June 17th at 5 PM, comments are due on CMS’s proposed FFY 2023 IPPS rate setting.   In commenting – 

  • Refer to file code CMS–1771–P.  
  • Submit electronically through this regulation link then select the COMMENT button at left, below the title; or
  • Submitted by mail to: Centers for Medicare &Medicaid Services, Department of Health and Human Services, Attention: CMS–1771–P, P.O. Box 8013, Baltimore, MD 21244–1850.

Please feel free to see Toyon’s comments here on our website.  Providers may also download a word version of these comments with designated [highlighted] areas to populate for your hospital or health system.  

Toyon’s comments are focused on reimbursement issues, as well as cost reporting proposals requiring additional clarification, as summarized in the table below.

# Issue FFY 2023 Proposal Summarized  Comment
1

Market Basket

2.7% Update

3.1% Market Basket -0.4% ACA Adjustment

8.0% Update

Based on recent Medicare cost increases[1]

2 Outliers

$43,214 

Fixed Loss Threshold  (40% increase from PY)

Reduce threshold in anticipation of fewer COVID-19 hospitalizations in FFY 2023
3

UC DSH Factor 1

-$542M

Reduction to FFY 2023 UC DSH Payments

-$542M

Reduction to FFY 2023 UC DSH Payments

Increase Factor 1 discharge adjustment considering forecasts of increased Medicare utilization

4 UC DSH Factor 2

65.71%

-0.03 from prior yr

-0.07 from penultimate yr

65.71%

-0.03 from prior yr

-0.07 from penultimate yr

Increase Factor 2 to reflect projections of increases to the national uninsured population

5 Empirical DSH Section 1115 Waiver Days Medicaid patients regarded as eligible from 1115 Waiver w/ essential health benefits (EHB) Clarification on premium assistance days “for which the premium assistance is equal to or greater than 90 percent of the cost of the coverage”
6 NP95 Respirator Payments Reimbursement for the incremental cost of using wholly domestically produced N95 respirators Supported and request CMS reimburse for all patients (not only Medicare) in bi-weekly lump sum payments

Please feel free to email Fred Fisher at fred.fisher@toyonassociates.com with any questions.

[1] Analysis of Medicare cost per discharge change from FFY 2019 to FFY 2020 per Medicare cost report data from the Healthcare Cost Report Information System (HCRIS).  Medicare cost per Worksheet D-1 Part II, Line 49, Column 1.  Medicare discharges per Worksheet S-3 Part I L14.00 C13.00.

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