Supreme Court To Weigh HHS Billing Notice Duties

By Jeff Overley (September 27, 2018, 1:21 PM EDT) -- The U.S. Supreme Court on Thursday agreed to decide whether the U.S. Department of Health and Human Services must engage in formal rulemaking before instructing its billing contractors on Medicare reimbursement policies.

At issue is whether notice-and-comment rulemaking is required when HHS uses so-called interpretive rules that instruct contractors on changes to Medicare reimbursement. The Administrative Procedure Act contains a rulemaking exception for interpretive rules, but the D.C. Circuit — in a decision authored by U.S. Supreme Court nominee Judge Brett Kavanaugh — found that the Medicare Act doesn't incorporate that exception. 

The Supreme Court on Thursday also agreed to weigh whether...

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