A Notice of Proposed Rulemaking regarding Medicare bad debt reimbursement policy is to be published today, February 10, in the Federal Register. The proposed rule would extend the 30% reduction in bad debt reimbursement to all providers, not just hospitals, and clarify that bad debts are not allowable for entities paid under reasonable charge or fee schedule methodologies. The proposed rule would also remove the cap on allowable Medicare bad debt for ESRD facilities. The stated purpose of the proposed rule is to achieve consistency in CMS's bad debt reimbursement policy for all entities eligible to receive Medicare payments for bad debt. Comments to the proposed rule must be provided to CMS within sixty days after the date of publication of the rule in the Federal Register.

This material is not intended to create, and does not create, an attorney-client relationship between you and Vinson & Elkins L.L.P., and you should not act or rely on any of this information. As legal advice must be tailored to the specific circumstances of each case, nothing provided herein should be used as a substitute for advice of competent counsel. These materials do not constitute legal advice, do not necessarily reflect the opinions of Vinson & Elkins L.L.P. or any of its attorneys or clients, and are not guaranteed to be correct, complete, or up-to-date. Vinson & Elkins L.L.P. assumes no liability for the use or interpretation of information contained herein. This publication is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Unless otherwise indicated, V&E attorneys listed are: not Certified by the Texas Board of Legal Specialization. None of the attorneys listed on this website is certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in New York.

Vinson & Elkins is a registered limited liability partnership. Principal office-Houston.